Canister Co. v. National Can Corp.

LEAHY, District Judge.

Finding of fact No. 22 represents the court’s attempt to ascertain what were the component elements making up the capacity contract between the parties. The duration of the contract can not possibly be a separate issue from the issue of whether there was a contract and, if so, what were its- terms. When plaintiff might terminate the contract and the understanding of plaintiff itself, as testified to by its president, as to what were the conditions under which defendant might terminate, were integral parts of the contract found by the court to exist between the parties.…