Daitz Flying Corp. v. United States

L. HAND, Circuit Judge.

This case comes up upon the plaintiff’s appeal from the dismissal of its complaint in an action upon four contracts between itself and the United States, by which it agreed to give instruction to civilian student aviators. The case was tried to a judge, and the defendant consented that the judgment should be entered against it on the first contract; but there remained for decision the remaining three: a claim under each being set up in a separate count in the complaint. The judge dismissed the second count because the plaintiff had not performed as agreed, and the third…