Brunswick-Balke-Collender Co. v. Foster Boat Co.

SIMONS, Circuit Judge.

The appeal is from a judgment awarding damages to the appellee for the breach, by the appellant, of a contract entered into on October 25, 1940, for the manufacture and sale of rough bowling pin blocks which the appellee was to make and the appellant to buy. None were ever fabricated and each of the litigants charged the other with an anticipatory breach excusing performance. The cause was submitted to a jury and the appellant’s grievance is failure of evidence to sustain the verdict and so error by the court in denying its motion for peremptory instructions, and…