Findings of Fact
1. Plaintiff, Edward Klein Truck and Heavy Equipment Company, Inc., is a Pennsylvania corporation and maintains its principal place of business in Pennsylvania.
2. Defendant, Pitman Manufacturing Company, is a division of A.B. Chance Co., a Delaware corporation with its principal place of business in Missouri. Pitman has a plant in York, Pennsylvania.
3. In August of 1976, Pitman began contacting companies concerning the liquidation of certain inventory which it determined to be obsolete.
4. After negotiations, Klein and Pitman entered into a contract on March 2, 1977 whereby Klein agreed to pay $ 76,890 for 286 truck bodies. This included, inter alia, eleven 108 inch utility bodies at $ 350 each and one hundred 96 inch utility bodies at $ 310 each. The terms of the contract were $ 5000 deposit upon acceptance with the balance to be paid by cashier's check upon pick up of the merchandise. (Plaintiff's Exhibit A)
5. The sole dispute of this case concerns those utility bodies which were not assembled at the time of the contract. While no time for performance was specified in the contract, the parties agreed that these bodies would be assembled during the latter part of October, 1977, since this was generally a slow time for Pitman's business. The bodies were to be assembled by Pitman from inventory at its York plant.
6. On February 23, 1977, plaintiff paid $ 5000 to defendant. (Plaintiff's Exhibit B)
7. From March 2, 1977 to May 19, 1977, Pitman made available all 177 of the assembled truck bodies and Klein picked up the last shipment on May 19, 1977.
8. At plaintiff's request, the C.O.D. terms of the contract were modified and Pitman permitted Klein to pick up the truck bodies without immediate payment. Klein and Pitman agreed to alter the terms so that Klein was to pay for the bodies within 30 days of delivery. Thirty days net was the standard in the industry.
9. Klein made the following payments to Pitman by June 30, 1977:
February 23, 1977 $ 5000 (Plaintiff's Exhibit B)
March 4, 1977 3600 ( " D)
March 11, 1977 5120 ( " E)
March 18, 1977 6880 ( " F)
April 6, 1977 3840 ( " H)
May 17, 1977 2240 ( " I)
May 17, 1977 1680 ( " J)
June 30, 1977 5000 ( " K)
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