Apex Metal Stamping Co. v. Alexander & Sawyer, Inc.

The opinion of the court was delivered by

Ereund, J. A. D.

The defendant appeals from a judgment of $6,993.56, including interest and costs, entered by the trial court sitting without a jury, in a contract action where the plaintiff was precluded by the defendant from fully performing its agreement to manufacture 75,000 tire *479stands. The grounds of appeal relate primarily to the quantum of damage.

The plaintiff, at the time of the inception and breach of the agreement here involved, was a partnership. Milton Tepfer, formerly a partner, and now secretary and treasurer of the plaintiff successor…