J. Dirats & Co. v. National Cash Register Co.

This is an action of contract to recover $1233.70 paid as an advance rental deposit for the lease of an NCR-399 system. The answer is a general *115denial and also sets out the defense that the contract including any extensions thereof, called for performance by the defendant on or before December 6,1973.

The trial court found for the plaintiff in the sum of $1233.70.

There was evidence that on or about October 12, 1972, the plaintiff entered into an agreement, with the defendant, for the lease of an NCR-399 system.

Thereafter, due to the delay in providing the plaintiff with an acceptable system,…