Canister Co. v. National Can Corp.

LEAHY, District Judge.

This action is one by a buyer against a seller for breach of contract for failure to complete the manufacture and delivery of metal fittings for fibre-body one-gallon cans in accordance with certain alleged contracts between the parties, whereunder plaintiff claims $10,000,000 damages. So far, four motions have been argued.

I. Defendant’s motion under Rule 42(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. In paragraphs 4 and 5 of its answer defendant denies the making of the contract on February 2, 1943, for the delivery of black plate…