Aronson v. K. Arakelian, Inc.

KERNER, Circuit Judge.

Plaintiffs sued defendant, K. Arakelian, Inc., for breach of contract. Defendant’s answer was in the nature of a motion to strike and a motion for summary judgment. The court sustained the motion and entered a judgment for costs against plaintiffs. To reverse, plaintiffs appeal.

Plaintiffs’ amended complaint alleged that in June, 1943, plaintiffs offered to sell to defendant, at 50 cents a gross, ten million gross of used bottle caps and that defendant, on June 30, 1943, wrote plaintiffs a letter1 in which it agreed to purchase the caps, the sale to be consummated only if…