SOUTHWESTERN STATIONERY & BANK v. HARRIS CORP.

No. 78-1756.

624 F.2d 168 (1980)

SOUTHWESTERN STATIONERY AND BANK SUPPLY, INC., An Oklahoma Corporation, Plaintiff-Appellant, v. HARRIS CORPORATION, A Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided June 27, 1980.


Attorney(s) appearing for the Case

Jim Ikard, Oklahoma City, Okl. (Carroll E. Gregg of Miskovsky, Sullivan & Miskovsky, Oklahoma City, Okl., with him on the brief), for plaintiff-appellant.

Linda G. Alexander, Oklahoma City, Okl. (John C. Niemeyer and David H. Cole, Oklahoma City, Okl., on the brief) of Foliart, Mills & Niemeyer, Oklahoma City, Okl., for defendant-appellee.

Before McKAY and LOGAN, Circuit Judges, and PECK, Senior Circuit Judge.


McKAY, Circuit Judge.

In this diversity action, plaintiff Southwestern seeks damages from Harris for breach of a sales contract. Following a jury verdict for Southwestern, the district court entered a judgment notwithstanding the verdict for Harris. Southwestern appeals.

Southwestern wished to purchase a used printing press from Harris. Following a series of pre-offer contacts, including contacts with a third-party owner of the press, Harris sent Southwestern...

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