American Elastics, Inc. v. United States

RIFKIND, District Judge.

Plaintiff is a dealer in elastic material. Its action against the defendant is for the recovery of monies paid by plaintiff to defendant as the purchase price of elastic webbing material bought by plaintiff under a contract referred to herein as the “Chicago” contract. Defendant counterclaimed for the unpaid balance of the purchase price of elastic it sold plaintiff under another contract, the “Troy” contract. Plaintiff thereupon counterclaimed for all monies it had paid under the “Troy” contract. In each case plaintiff claims rescission for mutual mistake or breach of…