International Spotlight Corp. v. Casco Products Corp.

Second Circuit

International Spotlight Corp. v. Casco Products Corp.

173 F.2d 475, 81 U.S.P.Q. (BNA) 84, 1949 U.S. App. LEXIS 4575

CourtCourt of Appeals for the Second Circuit

DecidedMarch 30, 1949

DocketNo. 166, Docket 21151

StatusPublished

This text of 173 F.2d 475 (International Spotlight Corp. v. Casco Products Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

International Spotlight Corp. v. Casco Products Corp., 173 F.2d 475, 81 U.S.P.Q. (BNA) 84, 1949 U.S. App. LEXIS 4575 (2d Cir. 1949).

Pincite

Opinion

FRANK, Circuit Judge.

We agree with the opinion of the district judge. Attempting to answer his reasoning, plaintiff in this court advanced an argument,- apparently not made in the district court, to the effect that the words “for any cause” in the second sentence of Paragraph Twelfth of the contract limit the application -of that sentence- to a cancellation “for cause,” i.e., by the plaintiff under [481]*481Paragraph Fourteen or by the defendant under Paragraph Nineteen. Considering the contract as a whole, we think such an interpretation unreasonably strained and that those words mean “for any reason pursuant to any provision of the contract.”

Affirmed.

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FRANK, Circuit Judge.

We agree with the opinion of the district judge. Attempting to answer his reasoning, plaintiff in this court advanced an argument,- apparently not made in the district court, to the effect that the words “for any cause” in the second sentence of Paragraph Twelfth of the contract limit the application -of that sentence- to a cancellation “for cause,” i.e., by the plaintiff under [481]*481Paragraph Fourteen or by the defendant under Paragraph Nineteen. Considering the contract as a whole, we think such an interpretation unreasonably strained and that those words mean “for any reason pursuant to any provision of the contract.”

Affirmed.

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Bluebook (online)

173 F.2d 475, 81 U.S.P.Q. (BNA) 84, 1949 U.S. App. LEXIS 4575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-spotlight-corp-v-casco-products-corp-ca2-1949.