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HOHMANN AND BARNARD, INC. v. SCIAKY BROS., INC.

No. 295, Docket 28543.

333 F.2d 5 (1964)

HOHMANN AND BARNARD, INC., Plaintiff-Appellee. v. SCIAKY BROS., INC., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 3, 1964.

Attorney(s) appearing for the Case

Maurice J. McCarthy, Jr., of McCarthy & Nathanson, New York City (Laurence D. Kleinman, New York City, of counsel), for appellee.

Brainerd Chapman of Pritchard, Chapman, Pennington, Montgomery & Sloan, Chicago, Ill. (John J. Hayes, New York City, of counsel and Kramer, Marx, Greenlee & Backus, New York City, on the brief), for appellant.

Before FRIENDLY and HAYS, Circuit Judges, and ANDERSON, District Judge.

ANDERSON, District Judge.

The defendant, Sciaky Bros., Inc., a manufacturer of construction equipment, in January of 1957 entered into two written contracts with the plaintiff, Hohmann and Barnard, Inc., to sell to the latter an electric welder and a tooling machine, to be used together by the plaintiff in the fabrication of masonry wall reinforcement assemblies made of heavy wire. This suit was brought by the plaintiff-buyer against the defendant-seller for damages...

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