ATALAH v. WILSON LEWITH MACHINERY CORP.

No. 6502.

200 F.2d 297 (1952)

ATALAH v. WILSON LEWITH MACHINERY CORP., CHARLOTTE, N. C.

United States Court of Appeals Fourth Circuit.

Decided December 10, 1952.


Attorney(s) appearing for the Case

O. W. Clayton, Charlotte, N. C. (Clayton & Sanders, Charlotte, N. C., on brief), for appellant.

Wendell R. Wilmoth and Arthur Goodman, Charlotte, N. C. (Goodman & Goodman, Charlotte, N. C., and Harkey & Wilmoth, Charlotte, N. C., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.


SOPER, Circuit Judge.

This action for breach of contract for sale was brought by the buyer against the seller of certain mill machinery and was tried by the District Judge without a jury. The buyer claimed damages in the sum of $13,000, including the return of a down payment of $10,000 made by him on account of the total purchase price of $50,000. The seller denied that it had broken the contract and set up a counterclaim for damages in the sum of $28,000 for breach...

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