Ely & Walker v. DUX-MIXTURE HARDWARE CO., INC.

ORDER

RICHARD C. FREEMAN, District Judge.

Plaintiff filed this diversity action seeking damages from the defendant in the amount of $21,911.68, plus interest from May 5, 1981, which the plaintiff claims is the balance due on account for sales of merchandise to the defendant. The court, having received evidence in this matter at a trial held on July 14, 1982, and at a supplemental hearing held on September 30,1982, makes the following findings of fact and conclusions of law.

I. FINDINGS OF FACT

Plaintiff Ely & Walker is a division of the First National Company, a Tennessee Corporation whose…