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NATIONAL EQUIPMENT RENTAL, LTD. v. FOWLER

Civ. No. 19165.

180 F.Supp. 919 (1960)

NATIONAL EQUIPMENT RENTAL, LTD., Plaintiff, v. A. L. FOWLER, D. O. Thomas and E. O. Thomas, individually, and doing business as Thomas & Fowler Poultry & Egg Co., Defendants.

United States District Court E. D. New York.

February 16, 1960.

Attorney(s) appearing for the Case

Wilbur G. Silverman, Brooklyn, N. Y., for plaintiff, for the motion.

Harry LeRoy Schulman, Brooklyn, N. Y., for defendants, by Besse E. Kessler, Brooklyn, N. Y., in opposition.

RAYFIEL, District Judge.

The plaintiff commenced this action on November 5, 1958 by filing its complaint, under which it seeks to recover damages for the defendants' breach of a written agreement for the lease of certain equipment, in failing to make payment of installments of rent provided for therein. Defendants' answer does not deny the making of the agreement, but claims that the plaintiff failed to deliver the equipment leased, and, as a counterclaim, that by...

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