Thiele Engineering Co. v. Weldon Farm Products, Inc.

DONOVAN, District Judge.

Plaintiff will be referred to as such herein. Defendant will be referred to as such herein. Third-party defendants will be referred to as Baldwin and Fort Worth respectively.

The matter comes before the Court on motion of Fort Worth for summary judgment. A statement of the proceedings and a review of the file contents will be helpful.

Plaintiff sued defendant to recover on an account stated arising out of the sale of machinery to - defendant. Defendant counterclaimed alleging breacli of warranty and damage resulting therefrom. Thereupon, plaintiff commenced a new…