Anne contracted with Miller Machines, Inc., to purchase a J5430 lathe machine for $57,000. The parties agreed that Anne

[answerhappygod]

Anne contracted with Miller Machines, Inc., to purchase a J5430
lathe machine for $57,000. The parties agreed that Anne would send
one-half of the money as a deposit and would pay the balance upon
delivery. They also agreed to the following provision:
In the event of non-payment of the balance of the purchase
price reflected herein on due date and in the manner recorded or on
such extended date which may be caused by late delivery on the part
of [the seller], the Customer shall be liable for: (1) immediate
payment of the full balance recorded herein; and (2) payment of
interest at the rate of 12 percent per annum calculated on the
balance due, when due, together with any attorney’s fees,
collection charges and other necessary expenses incurred by [the
seller].
When the machine arrived five days late, Anne refused to accept
it, stating that she had purchased a substitute machine elsewhere.
Anne requested the return of her deposit but Miller refused. Anne
sued Miller for the return of its deposit. Miller counterclaimed
for full performance of the contract seeking an order that Anne
accept delivery of the lathe machine and pay the entire balance of
the contract.
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