United Kentucky Bank, Inc. v. Eagle MacHine Co.

LESTER, Judge.

This is an appeal from a summary judgment dismissing with prejudice the counterclaim of appellant against appellee in an action to recover money.

On March 14, 1980, Crittenden Drive Salvage entered into an agreement with TanDem Machinery Sales, Inc. of Salt Lake City, Utah, whereby the former sold to the latter certain machinery, tools and equipment for the consideration of $85,000.00, $30,000.00 of which was paid upon consummation of the contract. The balance of the purchase price was secured by a first lien note payable before July 1,1980. Appellee deposited the downpayment…