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American Mechanical v. Union Machine

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American Mechanical v. Union Machine
Court Massachusetts Appeals Court
Citation
Date decided November 18, 1985

Facts

In October 1976, American Mechanical Corporation ("American") contracted to sell its real estate & business equipment to Union Machine Company of Lynn, Incorporated ("Union") for $135,000.

At the time of the transaction, "Union" knew that "American" was under financial pressure. Union gave American a $5,000 check to be held in escrow. 2 days later, Union stopped payment on the check. Within 2 weeks, Union decided to back out of the contract.

Next, American's bank foreclosed its real estate for $55,000 & sold its equipment for $35,000.

Procedural History

American sued Union for breach of contract.

Case Text Links