Foree v. Tri-County Electric Ass'n

MURRAH, Circuit Judge.

Appellant, J. R. Foree, instituted this action to recover the balance due under his contract for the construction of an electrical transmission line for appellee, Tri-County Electric Association, Inc.; and to recover damages for lost profits resulting from the breach of a covenant to timely deliver poles for the construction of the transmission line. Western Casualty and Surety Company, as as-signee of amounts due Foree from TriCounty, was joined as party plaintiff.

Tri-County asserted a set-off against Foree in the amount of $8,822.32 for materials furnished and not used…