NOTE

As things turned out, the case was settled at the beginning of the trial. The defendants agreed to pay Borg-Warner $1,000,000: the individual defendants paid $400,000 and Anchor Coupling Co. paid $600,000. See Anchor Coupling Co. v. United States, 427 F.2d 429 (7th Cir. 1970), disallowing Anchor's attempt to have the $600,000 corporate payment treated as an ordinary business expenditure for income tax purposes.

In commenting on Borg-Warner, Knapp, Enforcing the Contract to Bargain, 44 N.Y.U. L. Rev. 673, 715 (1969), remarks: "A better case can hardly be imagined to demonstrate the dilemma caused by the common law for the judges concerned, both with justice and with well structured reasoning."