Canister Co. v. National Can Corp.

LEAHY, District Judge.

This is an action for damages for breach of contract for failure of defendant 1 *to deliver certain sets of metal ends 2 to be-used for fibre body metal-end one-gallon paint cans. Diversity and requisite amount establish jurisdiction.

The alleged agreement upon which the action is based, as well as certain other agreements which preceded it, were not reduced to writing and were made in New York. In its answer defendant pleaded, among other defenses, that there was no contract between the parties and that if there were a contract between the parties it was unenforceable…