Flood v. M. P. Clark, Inc.

OPINION AND ORDER

HAROLD K. WOOD, District Judge.

Plaintiff has moved for a new trial on the issue of damages. Plaintiff is the Trustee in Bankruptcy of the estate of Taylor’s Potato Chip Company, Inc. (Taylor’s). On August 23, 1963 Taylor’s entered into a contract with defendant M. P. Clark, Inc. (Clark) whereby Clark would sell Taylor’s a quantity of chipping potatoes. The contract covered the period from May 1, 1964 to April 30, 1965. Having tried the case non-jury, 319 F. Supp. 1043, we found that Clark breached the contract by refusing to sell any potatoes to Taylor’s after January 19,…