Gaynor v. Metals Reserve Co.

This action was originally brought by appellant Gaynor against the Metals Reserve Company and another to recover $12,956.49 for sheet mica sold and delivered by plaintiff to defendant in South Dakota, and to recover the further sum of $20,868.96 for damages for failure of defendant to accept certain products offered by plaintiff. The action was begun on the 30th day of March, 1945. On June 3, 1947, the defendant filed a motion to dismiss which was sustained, and on appeal to this court reversed and the case remanded. 8 Cir., 166 F.2d 1011. Upon trial to the court the cause of action was…