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L. Albert & Son v. Armstrong Rubber Co.

United States Court of Appeals for the Second Circuit
178 F.2d 182 (2d Cir. 1949)


L. Albert & Son (Albert) (plaintiff) contracted in December 1942 with Armstrong Rubber Co. (Armstrong) (defendant) to sell four machines designed to recondition old rubber. Albert delivered two of the four machines in August 1943, but did not deliver the other two machines until the middle of 1945. Because of this delay, Armstrong refused to accept all four of the machines. Albert brought suit for breach of contract and Armstrong counterclaimed for Albert’s delay in delivery. The trial court dismissed both claims, but ruled in favor of Albert in the amount of the value of a part of the machines that Armstrong actually had put to use. Both parties appealed. Armstrong claimed damages incurred due to its reliance on Albert’s promise, including the $3,000 cost of the foundation it laid for the machines.

Rule of Law


Holding and Reasoning (Hand, J.)

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