Eastern Federal Corp. v. Avco-Embassy Pictures Corp.

ORDER ON MOTION TO VACATE OR TO ALTER

EDENFIELD, District Judge.

This diversity action for breach of contract was tried non-jury before this court and the court awarded plaintiff damages of $102,155.44 and allowed a set-off of $62,288.46 against plaintiff. Defendant has now moved this court to vacate or alter its order of December 29, 1970, 326 F.Supp. 1280, and the judgment entered on this order. In the motion to vacate or alter, defendant argues that the court’s finding that the parties made a binding exhibition agreement on June 22, 1967, that was modified on February 3, 1968, is contrary to…