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STANSPEC CORPORATION v. JELCO, INCORPORATED

Nos. 71-1639, 71-1640.

464 F.2d 1184 (1972)

STANSPEC CORPORATION, Appellee, Cross-Appellant, v. JELCO, INCORPORATED et al., Appellants, Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 8, 1972.

Attorney(s) appearing for the Case

Dale E. Anderson, Salt Lake City, Utah, for appellants.

D. Craig Lewis, of Pendleton, Sabian, Guthery & Lewis, P. C., Denver, Colo., for appellee.

Before HILL and SETH, Circuit Judges, and BRATTON, District Judge.

SETH, Circuit Judge.

Stanspec Corporation brought this action against Jelco, Incorporated, and its sureties to recover the unpaid balance of the purchase price under an equipment supply contract. Jelco admitted the existence of an unpaid balance, but raised in defense and counterclaim Stanspec's non-performance of an earlier contract for essentially identical machinery. Judgment was entered in favor of Stanspec for the amount in dispute plus six per cent interest...

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