Superior Tube Co. v. Delaware Aircraft Industries, Inc.

LEAHY, District Judge.

Plaintiff seeks damages for failure of defendant to machine and polish a quantity of beryllium copper billets furnished by plaintiff to defendant in accordance with specifications contained in a certain written contract. Defendant’s answer alleges the billets furnished by plaintiff were not comparable in condition, gauge, size and shape to the samples originally furnished; hence, defendant was unable to perform its work exactly in accordance with the contract specifications. Defendant has filed what it denominates an “additional counterclaim” which reads: “The defendant…