Doehler Metal Furniture Co. v. United States

149 F.2d 130 (1945)

DOEHLER METAL FURNITURE CO., Inc.,

v.

UNITED STATES.

No. 287.

Circuit Court of Appeals, Second Circuit.

April 26, 1945.

Gresser & Walker, of New York City (Nathan Walker, of New York City, on the brief), for plaintiff-appellee-appellant.

John F. X. McGohey, of New York City (John F. Ryan, of New York City, of counsel), for defendant-appellant-appellee.

Before L. HAND, CHASE and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. Since Doehler was in default as to delivery of all the furniture covered by the contract, the government had the privilege, conferred by the reletting provision,…