American Const. Co. v. Lassig

On Rehearing.

Appellant says that we are in error in holding that it could not recover liquidated damages against Lassig on the ground that it took the contract out of his hands before the expiration of the 160 days allowed him for performance. It is appellant’s proposition that Lassig was liable for such liquidated damages as flowed from his breach. Southern Pacific Co. v. Globe Indemnity Co. (C. C. A.) 21 F.(2d) 288, supports appellant’s proposition, but also cites a line of authorities supporting our legal proposition. If we concede the soundness of appellant’s proposition, the issue thus…