Overland Machined Products, Inc. v. Swingline, Inc.

Two agreements, one referred to as “Basie Agreement” and the other as “Secrecy Agreement,” dated January 8, 1960, were executed by respondent and appellant (collectively referred to herein as Basic Agreement). Under the terms of the Basic Agreement, appellant issued a purchase order calling for the manufacture by respondent of 2,500 pneumatic nailers or guns in accordance with appellant’s prints and authorizing the manufacture of 500 complete units as well as the manufacture or purchase of all the necessary parts to complete the entire order.

Respondent subsequently received instructions from…