Long Island Structural Steel Co. v. Schiavone-Bonomo Corp.

CONGER, District Judge.

Both sides agree that there is no issue of fact involved and that summary judgment is in order.

The only difference is that plaintiff asks for judgment in the sum of $6,232.11, while the defendant contends it only owes $1,173.31, for which sum it has offered judgment.

On December 17, 1942, plaintiff agreed to sell and deliver to defendant a certain quantity of unprepared iron and steel scrap, and defendant agreed to accept and pay therefor the sum of $12.83 per gross ton. All of the steel has been delivered and paid.for in part. The dispute is concerning the balance due.

Th…