ECKERT v. JACKSON.

No. 218, Docket 22301.

197 F.2d 35 (1952)

ECKERT v. JACKSON.

United States Court of Appeals Second Circuit.

Decided June 3, 1952.


Attorney(s) appearing for the Case

Walter T. Kohn, New York City (Weschler & Kohn and J. Charles Weschler, New York City, on the brief), for plaintiff-appellant.

Edward C. McLean, New York City (Debevoise, Plimpton & McLean and Daniel W. West, New York City, on the brief), for defendant-appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.


PER CURIAM.

The district court denied recovery to plaintiff, suing as assignee of the stock brokerage firm of C. B. Richard & Co. on a contract made by them with defendant, because it found that the promisees were themselves first guilty of a substantial breach. The contract grew out of a securities trading account which defendant had had with the Richard firm and involved recognition by defendant of a resulting unliquidated indebtedness of large amount, coupled...

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