determining that delivery schedule was subsidiary portion for contract made for the convenience of both parties
How later courts described this case
- determining that delivery schedule was subsidiary portion for contract made for the convenience of both parties
Written by the judges who cited it.
The opinion
NICHOLS, Judge
(concurring):
I agree with the holding of the court. Since, however, we are not obliged to pass on the deliveries to Continental to justify dismissal of the complaint, and since that issue is close and difficult for reasons that sufficiently appear in the court’s opinion, I would prefer to pass over the Continental deliveries in silence. I doubt very seriously whether the AEC is in error in holding that sales and deliveries to Continental for CCC count as deliveries under its contract.