Morris Goldstein, D/B/A Dereve & Company v. Stainless Processing Company and David J. Fiterman

PELL, Circuit Judge.

This is an appeal from a judgment entered following the direction of a verdict for the defendant (Stainless) 1 in a diversity action in which the plaintiff (Goldstein) sought to recover damages arising out of an alleged breach of contract for the delivery of nickel cathodes.

The parties were dealers in metals. Neither had dealt with the other prior to the transaction in question. The facts support the premise that neither reposed any confidence in the other.

As a result of telephonic conversations, Goldstein agreed to buy and Stainless agreed to sell 20,000 pounds of nickel…