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KALIL BOTTLING CO. v. BURROUGHS CORP.

No. 2 CA-CIV 3453.

127 Ariz. 278 (1980)

619 P.2d 1055

KALIL BOTTLING COMPANY, a corporation, Plaintiff/Appellee/Cross-Appellant, v. BURROUGHS CORPORATION, a corporation, Defendant/Appellant/Cross-Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 6, 1980.

Review Denied November 25, 1980.

Attorney(s) appearing for the Case

Slutes, Browning, Zlaket & Sakrison, P.C. by Thomas A. Zlaket, Eugene F. Zlaket and A. John Pelander, Tucson, for plaintiff/appellee/cross-appellant.

Miller, Pitt & Feldman, P.C. by James R. Figliulo, Tucson, Brown & Bain, P.A. by Jack E. Brown and George E. Hilty, Phoenix, for defendant/appellant/cross-appellee.

OPINION

HOWARD, Judge.

Kalil is a soft drink bottler and distributor. In 1969 it decided to computerize its inventory and accounting operations. On July 16, 1969, Kalil signed an "Equipment Sale Contract", agreeing to purchase a computer and software1 from Burroughs Corporation for $40,168.96 with a down payment of $1,750. The balance was to be financed by Burroughs according to terms and conditions established by Kalil. Burroughs...

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