Bisbee Linseed Corp. v. Paragon Paint & Varnish Corp.

L. HAND, Circuit Judge.

This is an appeal from a judgment dismissing a complaint for failure of proof in an action to recover damages for the nonacceptance of a quantity of linseed oil under a contract of sale. The plaintiff, the seller, had sued once before upon the same contract in a complaint in two counts: The first, for the purchase price of a part of the oil delivered under the contract; the second, for the same damages now at issue. It recovered upon both counts in the District Court, but the defendant appealed from the judgment upon the second count, which was reversed. Bisbee Linseed…