Concrete Equip. Co. v. WILLIAM A. SMITH CONTRACT. CO., INC.

DECISION

MYRON L. GORDON, District Judge.

This lawsuit arises out of the sale of a concrete pump manufactured by the plaintiff. The pump in question, together with appurtenant equipment, repair and replacement parts was purchased by the defendants during June, 1969, for a total price of $47,499.00. A $10,000 payment toward the purchase price was made by the defendants at this time. The pump was intended for use in the construction of the Divide Tunnel and delivered to the jobsite near Leadville, Colorado.

The defendants have refused to pay the remaining balance of the purchase price of the pump…