John D. Hollingsworth on Wheels, Inc. v. Arkon Corp.

Lewis, Chief Justice:

This action arose out of a contract between John D. Hollingsworth On Wheels, Inc., and Arkon Corporation, under which Hollingsworth agreed to sell certain machinery for use by Arkon in its manufacture of nonwoven products. The machinery involved in the contract was never delivered by Hollingsworth. As a result of differences between the parties over the cause for the failure to deliver, Hollingsworth brought this action for rescission^ the contract; and Arkon counterclaimed for incidental and consequential damages resulting from an alleged breach of the contract by…