Rosenberg v. United States

NORCROSS, District Judge.

From a judgment for defendant in an action for damages for breach of contract brought under section 24 of the Judicial Code (28 USCA § 41), plaintiffs appeal.

Plaintiffs’ petition sets out three canses of action. The first alleges the making of a contract of date May 16, 1922, for the sale of 5,436 net tons of various classes of iron and steel at $14.55 per ton, and 1,240 gross tons of cast iron scrap at $10.75 per ton, to be delivered free at ship’s tackle, Balboa, Canal Bone; that defendant failed and refused to deliver 217 net tons of said iron and steel, to…