Wahnschaff Corp. v. O. E. Clark Paper Box Co.

McMurray, Presiding Judge.

Plaintiff O. E. Clark Paper Box Company, Inc, ordered two machines from defendant Wahnschaff Corporation on August 23, 1977. On November 9, 1979, when neither machine had been delivered, plaintiff filed suit against defendant seeking restitution for the amount of money paid toward one machine and specific performance regarding the other machine, as well as damages and litigation expenses. The case was tried without a jury and defendant now appeals a money judgment in favor of plaintiff.

The case sub judice involves two contemporaneous and substantially similar…