HOMELITE v. TRYWILK REALTY COMPANY

Civ. A. No. 1161.

172 F.Supp. 529 (1959)

HOMELITE, a Division of Textron, Inc., a Rhode Island Corporation, Plaintiff, v. TRYWILK REALTY COMPANY, Inc., a North Carolina Corporation, Defendant.

United States District Court W. D. North Carolina, Charlotte Division.

April 24, 1959.


Attorney(s) appearing for the Case

Bell, Bradley, Gebhardt & DeLaney, Charlotte, N. C., for plaintiff.

Cochran, McCleneghan & Miller, Charlotte, N. C., for defendant.


WARLICK, District Judge.

Plaintiff in instituting this action, seeks to recover damages sustained by it in excess of $3,000, arising from an alleged breach of a written contract. Additionally it seeks a judgment to the effect that the purported contract be cancelled and declared void and of no effect. The case was tried by the court without a jury. Under Rule 52 of Federal Rules of Civil Procedure, 28 U.S. C.A., the following facts are found:

Plaintiff is...

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