Haynes v. Union Carbide & Carbon Corp.

EVANS, Circuit Judge.

The present appeal presents for review a judgment dismissing appellant’s aetion, which was one for damages arising out of an alleged breach of contract. The trial was by the court, a jury having been waived. Special findings of fact were made which fully cover all of the issues involved.

The material portions of the contract, upon which the action is based, are herewith set forth.1

Paragraph 4, section 2, contains the provisions decisive of this appeal.

When this contract was executed, the Haynes Stellite Company had brought suit against Chesterfield Metals Company for…