Atel Financial Corp. v. Quaker Coal Co.

FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND JUDGMENT (FRCP 51 & 58)

THELTON E. HENDERSON, District Judge.

INTRODUCTION

This action, in essence, is a suit by a leasing company to collect damages from a lessee which allegedly breached a contract between the two parties by retaining leased equipment without making full timely payments. The lessor now seeks to enforce the liquidated damages provision of the lease. The lessee admits that a technical default occurred, but asserts that it cured the default and that any imposition of liquidated damages would be unfair and would unjustly enrich the…