Porreca v. Freeman

GOODRICH, Circuit Judge.

This is an appeal from an order entered in the District Court for the Eastern District of Pennsylvania upon the report of a Special Master.

The litigation turns upon the rules of law applicable to the consequences of nonperformance of a contract entered into on November 20, 1937, between the appellant as buyer and the appellee as seller. The seller agreed to sell and deliver to the buyer certain machines in the seller’s factory at Hatboro, Pa., delivery to be as they stood upon the floor and removal to be at the buyer’s risk. The buyer agreed to pay $5,000 down and…