Ark-Tenn Distributing Corp. v. Breidt Breidt Appeal of Breidt. Appeal of Ark-Tenn Distributing Corp

KALODNER, Circuit Judge.

Plaintiff, Ark-Tenn Distributing Corporation, entered into a contract with U-Need'-A-Vendors, Inc. (“Vendors”) whereby the latter was to manufacture certain vending machines to be purchased and distributed by the plaintiff. Under the terms of the contract, plaintiff turned over to Vendors the sum of $5,000 which was to be held in trust during the period of the agreement. Vendors was to pay itself from this fund $5.00 for each machine completed and delivered to plaintiff, and at the termination of the contract “ * * * any portion of the $5,000 advanced which * * * (had)…