Cornell Industries, Inc. v. Colonial Bank

Quillian, Chief Judge.

This is an appeal from a summary judgment.

Appellant Cornell Industries entered into a written agreement with appellee Colonial Bank to purchase from the Bank a used IBM Computer. The purchase price was $79,000, with $7,900 paid on the execution of the contract and the balance to be paid prior to the delivery of the computer by the Bank. After a few months Cornell had not yet paid the balance and the Bank wanted the computer moved to storage as it needed the space. To save on moving costs Cornell sent some of its employees to move the computer to storage. In doing so, one…