Brussell Sewing Machine Co. v. Gould-Moody Co.

Plaintiff and defendant on either January 30th or February 6th, 1940 — the date while of no importance being in dispute — entered into a written contract under the terms of which the defendant was to manufacture and deliver to plaintiff, at the rate of fifty sets a month, five hundred sets of castings at $4.40 a set. In connection with the manufacture of the castings, plaintiff turned over to the defendant certain jigs, patterns and dies for the purpose of enabling it “ to make these castings for the plaintiff according to the specifications desired.”

Defendant proceeded with the performance…