Sonken-Galamba Corp. v. Butler Iron & Steel Co.

GARDNER, Circuit Judge.

This is an appeal from a judgment entered in an action brought by appellee against appellants to recover damages for the breach of a contract of sale by the buyer. A jury was waived and the action was tried to the court, resulting in findings of fact and conclusions of law in favor of plaintiff on all the issues. The parties will be referred to as they appeared below.

The contract was for the purchase and sale of certain scrap iron and by its terms plaintiff agreed to sell and defendant Berry agreed to purchase the scrap iron coming from 113 condemned oil tanks at…