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Contracts Keyed to Fuller
L. Albert & Son v. Armstrong Rubber Co.
Citation:
178 F.2d 182 (1949)Facts
In December 1942, the Buyer and Seller entered into a contract for the sale of four “Refiners” (machines designed to recondition old rubber). The Seller delivered two machines in August 1943 but delayed delivery of the remaining two until late August or early September 1945. During the intervening period, the parties engaged in extensive correspondence regarding the performance of the first two machines and the delivery of the remaining two. In March 1945, the Buyer requested immediate delivery of the remaining two machines, but the Seller did not deliver them until five months later. By this time, World War II had ended, and market conditions for reclaimed rubber had significantly changed. In October 1945, the Buyer rejected all four machines. In February 1946, the Buyer began using a 300-horsepower motor and accessories that had been part of the delivery. The Buyer had also constructed a $3,000 foundation in preparation for installing the machines.
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