Atlas Concrete Pipe, Inc. v. Roger J. Au & Son, Inc.

MEMORANDUM OPINION AND ORDER

JAMES HARVEY, District Judge.

On October 6, 1970, plaintiff Atlas Concrete filed a complaint seeking damages for the alleged breach by the defendant Au of a contract for the sale of concrete pipe, as follows: (1) The alleged failure of Au to pay for pipe manufactured and delivered by Atlas to Au, and (2) the alleged failure by Au to install the pipe at the contract rate. Au later counterclaimed seeking damages for the alleged failure by Atlas to deliver the pipe at the contract rate, to remove excess pipe from the job site, and to deliver certain manhole “T’s”, as…