L. ALBERT & SON V. ARMSTRONG RUBBER CO., 178 F.2d 182 (2nd Cir. 1949) CASE BRIEF

L. ALBERT & SON V. ARMSTRONG RUBBER CO.

178 F.2d 182 (2nd Cir. 1949)

NATURE OF THE CASE: This was a dispute over the delivery of machines. Albert (P) appealed a decision dismissing its complaint for recovery of the contract price for machines delivered to Armstrong (D) and awarding P a recovery in quasi contract, and D appealed the dismissal of its complaint for breach of contract.

FACTS: Albert (P) agreed to sell and deliver to Armstrong (D) four refiners that were designed to recondition old rubber. The contract of sale was dated December, 1942. P delivered two of the four machines in August, 1943. P delivered the other two on August 31 or September 8, 1945 and because of the delay in delivery of the other two, D refused to accept all four in October, 1945. The court gave judgment to P for the value of the equipment delivered. D appealed for the expenses it incurred in reliance upon P's promise.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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