York Linings International, Inc. v. Harbison-Walker Refractories Co.

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

York Linings International, Inc. ("YLI") brings this interlocutory appeal of the trial court's order that granted the motion by Harbison-Walker Refractories Company ("H-W") to dismiss YLI's counterclaim in recoupment.1

We affirm.

ISSUE

Whether the trial court order erred in dismissing YLI's "counterclaim in re-coupment" and holding that YLI could neither "seek affirmative relief" from HW by way of a counterclaim nor "set off any consequential damages it suffered from the failure of [HW] to fulfill its contract with [YLI]." (App.1).

FACTS

In 1999, TIC-The…