Western Smelting & Metals, Inc. v. Slater Steel, Inc.

ORDER

WILLIAM C. LEE, District Judge.

This matter is before the court on the motion for partial summary judgment filed by defendant Slater Steel, Inc. (“Slater”). Plaintiff (“Western”) has filed a memorandum in opposition, and Slater filed a reply. For the following reasons, the motion for partial summary judgment will be granted in part and denied in part.

This action arises out of a contract entered into by Western, Slater and defendant Joslyn Manufacturing and Supply Company (“Joslyn”) under which Western would undertake to sell scrap metal to Slater and Joslyn. Defendant Joseph Behr & Sons,…