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HomeMy WebLinkAbout0356 _ _ . _ . . - - - - - - . - ~ ~ ~ ~..r.-~~~ r .1+5~ ~0 7 . M~~:RQF~L~C~- ~ . , ~ - ' . - . - . , . ~ . .s • L.~f!d- . ;i ' . , ' . ~ , IN TH~ UNITED STATES DISTRICT COURT ~ TN AND FOR THE SOITrHERN DISTRICT OF FLORIDA FORT PIERCE DIVISION f _ .i . ~ ' NO. 66-1.250-Civ-CA FAiC CORPORATION, A Delaware ; ~ corporation, - ; . ~ Plaintif£ • 0 R D E R ' ~ GRANTING MOTION FOR SIJMMARY ~ JUDCaiENT AND JUDGMENT FOR P1.AINTIFF - . . - . • - _ ESFORMES P~CKING CORP, a Florida corporation, : Defendant : . THIS CAUSE came on to be heard pursuant to_the plaintiff's motion for stm~unary judgment. The Court, having heard ,argument ot counsel, considered the memorandum of 1aw submitted by the plaintiff in support of its position together with the accompanying affidavit of Robert A. Fordyce, and being otherwise duly advised in the premises of this action, enters this order as supplemented by the following findings of fact and conclusions~of Iaw. _ ' ~ ~ FINDINGS OF FACT 1. The plaintiff, ~MC Corporation, on or about December ~ : 17, 1963, entered into a conditional sales contract,as seller, with the defendant, Esformes Packing Corporation, as buyer, the subject ma~ter of which, as described in the contract, was industrial equip- ment. 2. In fulfillment of the agreement of the parties, the equipment described therein was delivered to the defendant. 3. Zn further performance of the terms of the contract the defendant was required to and in fact did make a down payment ~ on the purchase--price of the equipment. Insta~lment'- payrne~~ .~ere - - ~ ;'~5,.:.,.r. --M~.:;. ~ . , . l " Y' 'f~` M {1 ~ ~ ~ = f thereafter to be made by the defendant on the` ;~o ,'a~~$~l'-'•dates ~~h ' . -y~ .7; ~ ~ • + ~ • ; I QB~Tr~ ~d ~ y~De~.~Q~~: S~L~'tip end oO~Q~ , ~~~ri~;~~w~?t~alt 2~s b~eti t~ ~d~ je~ ;r ~ _ ' B~~_!`XQe~ . ~ +,~,a~,;..~~d ~ - . ~ S> . i + ~y- . ,~~.7~.. g~ Y ~9r T ~ . ~ ~54 ' ` _ ~ •~1 ' • • , it , ..9. a ~ s~' _ . . -