Nationwide Bowling Corp. v. Brunswick Corp.

MEMORANDUM OPINION

FIELD, Chief Judge.

Nationwide instituted this action against the defendant, Brunswick, to recover the sum of $15,000 which had been deposited by Nationwide incident to a transaction for the purchase by Nationwide of certain bowling equipment from Brunswick. In its answer Brunswick alleged that plaintiff had breached the purchase agreement and denied that it was under any duty to return the amount of the deposit. Brunswick also set up a counterclaim for the residue of the purchase price.

Brunswick has now filed a motion for summary judgment on the ground that it is entitled to…