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Black Industries, Inc. v. Bush

United States District Court, District of New Jersey
110 F.Supp. 801 (1953)


Facts

Black Industries, Inc. (Black Industries) (plaintiff) entered a contract with the Hoover Company to procure anvils, holder primers, and plunger supports. These products would ultimately be purchased by the government to aid in its defense efforts. On March 22, 1951, Black Industries entered a contract to hire George F. Bush (defendant) as its supplier for the project. Pursuant to the contract, Black Industries was entitled to the price difference between Bush’s quoted price and the price paid by the Hoover Company. Ultimately, Black Industries was to realize a profit of 84.09% on the anvils, 39.13% on the holder primers, and 68.33% on the plunger supports. Bush was unable to complete the order and Black Industries sued to recover its losses. Bush moved for summary judgment on grounds that the contract was void as being against public policy.

Rule of Law

Issue

Holding and Reasoning (Forman, C.J.)

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