Law School Case Briefs
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L. Albert & Son v. Armstrong Rubber Co.
Court of Appeals for the Second Circuit (1949) | 178 F.2d 182; 17 A.L.R. 2d 1289; 1949 U.S. App. LEXIS 2500
TL;DR: The Seller sued for machinery’s price; the Buyer counterclaimed over delayed delivery. The court upheld rejection, added interest to the Seller’s recovery for a motor the Buyer used, and allowed the Buyer’s foundation expense subject to reduction for losses the Seller proved performance would have caused.
Legal Significance: The case places the burden of proving a losing bargain on the breaching promisor when the promisee seeks preparation expenses. Reliance recovery remains limited by the position performance would have produced. It also limits when use of rejected goods compels acceptance.