Nobs Chemical, U.S.A., Inc. And Calmon-Hill Trading Corp., Cross-Appellees v. Koppers Co., Inc., Cross-Appellant, Schenectady Chemicals, Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
HENDERSON, Circuit Judge:
Koppers Company contracted with the plaintiffs, Nobs Chemical, U.S.A., Inc. (hereinafter referred to as “Nobs”) and Calmon-Hill Trading Corporation (hereinafter referred to as “Calmon-Hill”) to purchase 1000 metric tons of cumene. 1 Koppers breached the contract. Nobs and CalmonHill brought suit in United States District Court for the Southern District of Texas, and the case was tried before the court sitting without a jury.
The district court found that the plaintiffs had arranged to purchase the cumene in Brazil for $400.00 a ton and to expend $45.00 per ton for the…
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