L. Albert & Son v. Armstrong Rubber Co.,

178 F.2d 182 (2nd Cir. 1949)

Facts

Albert (P) agreed to sell and deliver to Armstrong (D) four refiners that were designed to recondition old rubber. The contract of sale was dated December 1942. P delivered two of the four machines in August 1943. P delivered the other two on August 31 or September 8, 1945, and because of the delay in delivery of the other two, D refused to accept all four in October 1945. The court gave judgment to P for the value of the equipment delivered. D appealed for the expenses it incurred in reliance upon P's promise.