Deering-Milliken & Co., Inc., a Corporation v. Modern-Aire of Hollywood, Inc., a Corporation

JAMES ALGER FEE, Circuit Judge.

This is an action on alleged contract claimed to have been entered into between Modern-Aire of Hollywood, Inc., plaintiff, and Deering-Milliken & Co., Inc., defendant. The complaint alleges the formation and breach by Deering-Milliken of a contract with plaintiff for the purchase and sale of 126,000 yards of rayon goods. The supposed agreement concerned material to be used by Modern-Aire in filling another engagement entered into by that company with the United States. The cause was tried by a judge sitting without a jury. Judgment was for plaintiff Modern-Aire…