Wilson Concrete Co. v. A. S. Battiato Construction Co.

Kortum, District Judge.

This is an action by the plaintiff, a fabricator of precast construction materials, upon a written contract to recover the balance due under said contract.

The plaintiff manufactured and erected for the defendant general contractor certain concrete double tee slabs used in the construction of a commercial apartment complex. The total contract price was $31,000 and the defendant made a payment of $15,000, leaving a remaining balance due of $16,000.

The defendant acknowleged the contract but in its answer and counterclaim alleged that the double tee slabs were defective and…