McCloskey & Co. v. Minweld Steel Co. case brief summary
220 F.2d 101 (1955)
Plaintiff general contractor appealed
judgment as a matter of law in favor of defendant subcontractor
entered by the United States District Court (Pennsylvania), in action
alleging defendant subcontractor had anticipatorily breached three
CASE FACTS Defendant subcontractor agreed to
furnish and erect all of the steel required for two buildings.
Defendant subcontractor did not state a performance date. However,
plaintiff general contractor later sought assurances that the steel
could be delivered within 30 days. Defendant subcontractor replied
that, due to the steel crisis during the Korean War, it was having
difficulty obtaining steel from manufacturers and requested
plaintiff's help in doing so. Plaintiff general contractor treated
defendant subcontractor's response as a repudiation, and hired new
subcontractors to replace defendant subcontractor. Plaintiff general
contractor sued defendant subcontractor, but judgment as a matter of
law in defendant subcontractor's favor was affirmed.
The court held
that defendant subcontractor's letter indicating the difficulty in
obtaining steel, and its failure to take preparatory action before
performance was due, was not an anticipatory breach.
defendant subcontractor had not abandoned hope of acquiring the
steel, and plaintiff general contractor was in fact able to acquire
the steel directly from manufacturers shortly after defendant
Judgment affirmed, as defendant subcontractor did not
anticipatorily breach its contract with plaintiff general contractor
by indicating it was having difficulty obtaining steel for
construction project, and asking for plaintiff general contractor's
help in acquiring the steel. Suggested law school study materials
Shop Amazon for the best prices on Law School Course Materials.
I have often tried to make the cases available as links in case you are a student without a textbook.
All the information on this site is constantly updated and edited. Furthermore, if you have any outlines you want to share, so that others, free of charge, may benefit, please send those to be posted here. Likewise, if you have case briefs you would like to share, please send them to [email protected].
Please keep in mind that this site makes no warranties as to the accuracy of the cases listed here or the current status of law. These cases are derived from class notes and laws change over time. If you have any questions about these materials, or any other legal questions, you should consult an attorney who is a member of the bar of the state you reside in.