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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