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COMPUTER PROPERTY CORP. v. COLUMBIA DISTRIBUTING CORP.

No. 73-1599.

493 F.2d 953 (1974)

COMPUTER PROPERTY CORPORATION, Plaintiff-Appellee, v. COLUMBIA DISTRIBUTING CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 26, 1974.

Attorney(s) appearing for the Case

Gene R. Ellison, Columbia, S. C. (Barnes, Austin & Ellison, Columbia, S. C., on brief), for defendant-appellant.

H. Simmons Tate, Jr., Columbia, S. C. (Boyd, Knowlton, Tate & Finlay, Columbia, S. C., on brief), for plaintiff-appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and WIDENER, Circuit Judges.

PER CURIAM:

This is a diversity case arising out of a contract for the lease of a computer in which the lessee defaulted and the lessor repossessed and later sold the equipment involved. The contract provided that it be construed in accordance with New Jersey law, to which the parties even now do not object; for liquidated damages consisting of accelerated rental payments until the end of the term upon default; for a credit to the lessee upon sale after default by...

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