Atalah v. Wilson Lewith MacHinery Corp., Charlotte, N. C

SOPER, Circuit Judge.

This action for breach of contract for sale was brought by the buyer against the seller of certain mill machinery and was tried by the District Judge without a jury. The buyer claimed damages in the sum of $13,000, including the return of a down payment of $¡10,000 made by him on account of the total purchase price of $50,-000. The seller denied that it had broken the contract and set up a counterclaim for damages in the sum of $28,000 for breach of contract by the buyer. The judge found that the buyer and not the seller had broken the contract and that the seller had…