Legal Opinion

Franklin Research and Development Corporation v. Swift Electrical Supply Co., Inc.

Court of Appeals for the Second Circuit

Decided December 29, 1964No. 28799_1PublishedCited by 9 opinions

1Opinion of the Court

MOORE, Circuit Judge:

Defendant, Swift Electrical Supply Co., Inc. (Swift), appeals from a judgment of $24,970.62 awarded as damages for breach of contract in favor of plaintiff, Franklin Research and Development Corporation (Franklin) in a diversity suit after trial without a jury. Finding no error, we affirm.

Swift contends that no contract existed because the parties’ communications expressed no meeting of the minds. It also argues that, assuming that a contract did exist, Franklin cannot recover the contract price because it disassembled the goods and sold various components.

Whether the law…

2Cases cited13 opinions

  1. Wood v. . Duff-GordonNew York Court of Appeals · 1917
  2. Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
  3. Heyman Cohen & Sons, Inc. v. M. Lurie Woolen Co.New York Court of Appeals · 1921
  4. Roessler v. BurwellSupreme Court of Connecticut · 1934
  5. Rubin v. Dairymen's League Co-Op. Assn.New York Court of Appeals · 1940

8 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Elaine Jones v. GriffithCourt of Appeals for the Fifth Circuit · 1973
  2. Esquire Radio & Electronics, Inc. v. Montgomery Ward & Co., Inc.Court of Appeals for the Second Circuit · 1986
  3. Michelle Rosenfeld v. Gerard Basquiat, as Administrator of the Estate of Jean-Michel BasquiatCourt of Appeals for the Second Circuit · 1996
  4. Canal Barge Co. v. GriffithCourt of Appeals for the Fifth Circuit · 1973
  5. N. Dorman & Co. v. Noon Hour Food Products, Inc.District Court, E.D. New York · 1980

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API