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WILLRED COMPANY v. WESTMORELAND METAL MFG. CO.

Civ. A. No. 21177.

200 F.Supp. 55 (1959)

WILLRED COMPANY (a corporation) and Professional Metal Manufacturing Company (a corporation) and William V. Bliwise and Ellen Bliwise and Albert Bliwise v. WESTMORELAND METAL MFG. CO., (a corporation).

United States District Court E. D. Pennsylvania.

May 4, 1959.

Attorney(s) appearing for the Case

A. Evans Kephart, Stassen, Kephart, Sarkis & Scullin, Philadelphia, Pa., for plaintiffs.

Samuel Rosenberg, Marvin Comisky, Louis D. Apothaker, Philadelphia, Pa., for defendant.

KIRKPATRICK, District Judge.

In this action, tried to the Court without a jury1, the plaintiff2 claims damages on two counts (1) breach of an exclusive distributorship contract and (2) late and defective deliveries of merchandise under the contract.

The defenses are (1) that no enforceable contract resulted from the negotiations between the parties, (2) that the plaintiff rather than the defendant breached...

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