United States v. Frank

LEVET, District Judge.

Plaintiff, as assignee of Nickel Processing Corporation of New York, sues to rescind a contract of sale and recover the purchase price of certain splice angle bars. Plaintiff’s assignor requested a quotation, defendant entered a bid, a written contract was executed, the goods were delivered, shipped to Cuba and then rejected as not being within the “specifications.” Plaintiff now seeks recoupment of the purchase price plus the freight charges paid. The principal issue relates to the interpretation of the written contract in respect to the specifications of the goods…