The Telex Corporation, a Delaware Corporation v. Airesearch Aviation Company, a Division of the Garrett Corporation, a California Corporation

HILL, Circuit Judge.

This appeal originates from an action filed in the Northern District of Oklahoma by The Telex Corporation (Telex) against AiResearch Aviation Company (AiResearch) to recover the amount of prior installments paid upon a contract for the purchase of an executive jet aircraft. AiResearch counterclaimed to recover damages for alleged breach of contract of purchase.

Trial of the case was had to the court without a jury. The judgment appealed from granted Telex the recovery prayed for and denied AiResearch recovery on its counterclaim.

The pertinent facts are as follows: After…