Cordovan Associates, Incorporated v. Dayton Rubber Company

MARTIN, Circuit Judge.

The Dayton Rubber Company, a manufacturer of automobile tires and tubes, brought this action for a declaratory judgment, interpreting the pricing clause of a contract between that company and Cordovan Associates, Incorporated, one of the two automotive retail chain stores to which its manufactured tires and tubes were sold. The contract prices to be paid for tires, purchased by Cordovan Associates from Dayton Rubber Company, were to be “prices prevailing on date of shipment.” A separate contract with White Stores, Inc., the other automotive retail chain store to which…