Willred Co. v. Westmoreland Metal Mfg. Co.

KIRKPATRICK, District Judge.

In this action, tried to the Court without a jury1 , the plaintiff2 claims damages on two counts (1) breach of an exclusive distributorship contract and (2) late and defective deliveries of merchandise under the contract.

The defenses are (1) that no enforceable contract resulted from the negotiations between the parties, (2) that the plaintiff rather than the defendant breached the contract or, perhaps, rescinded it, and (3) that, so far as the defendant was responsible for defects in the merchandise, that item, along with the plaintiff’s entire claim arising out…