Westmont Tractor Co. v. Viking Exploration, Inc.

MEMORANDUM OPINION

HATFIELD, District Judge.

The present action arises from an alleged breach of an agreement executed between the parties for the use of two pieces of heavy equipment. Presently before the court are the parties’ cross-motions for summary judgment.

Jurisdiction of this action is based on diversity of citizenship. 28 U.S.C. § 1332(a).

FACTUAL BACKGROUND

Sometime prior to September 16, 1980, employees of the plaintiff, Westmont Tractor Company (hereinafter “Westmont”), and an employee of the defendant, Viking Exploration, Inc. (hereinafter “Viking”), negotiated the sale of two pieces…