Wheeling Stamping Company v. Birdsboro Steel Foundry & MacHine Company

HASTIE, Circuit Judge.

This controversy between a buyer, Wheeling Stamping Co., and a seller, Birdsboro Steel Foundry & Machine Co., arose out of the buyer’s attempt to rescind the sale of a large hydraulic press specially designed and constructed for the commercial molding of plastic caps in large quantities. The buyer sued to get back the purchase price and the court, sitting without a jury, found that the seller had properly performed its contract and was entitled to the agreed price. The buyer now appeals.

The contract was made and was to be performed in Pennsylvania. Federal jurisdiction…