Philco Corp. v. "Automatic" Sprinkler Corp. of America

SWYGERT, Circuit Judge.

The question we have to determine is-, whether the district court correctly construed a construction contract so as to' deny damages which plaintiffs otherwise' would have been entitled to recover in this action. Specifically, the question relates to certain provisions in the contract, which according to the district judge limited the time within which plaintiffs could assert a claim for faulty materials •• and workmanship. The following is a summary of the facts.

Plaintiff Rex Manufacturing Company, Inc., a subsidiary of Philco Corporation,, operates a factory at…