Legal Opinion
United States ex rel. Federal Corp. v. Commercial Mechanical Contractors, Inc.
Court of Appeals for the Tenth Circuit
Decided September 1, 1982No. 80-1897PublishedCited by 3 opinions
1Opinion of the Court
McKAY, Circuit Judge.
This action was commenced under the Miller Act, 40 U.S.C. §§ 270a-270d by Federal Corporation (Seller) to recover the balance due for materials furnished to Commercial Mechanical Contractors, Inc. (Buyer) for use in a government contract. Buyer denied the debt, raised several affirmative defenses, and counterclaimed for damages caused by Seller’s delay in delivering the materials. After trial, the jury found for Seller on its claim for the balance due on the materials, $45,036.50, but also awarded Buyer a set-off of consequential damages caused by delayed delivery in the *1126a…
2Cases cited13 opinions
- Smith v. WelchCourt of Appeals for the Tenth Circuit · 1951
- Barber v. RochesterWashington Supreme Court · 1958
- Guy James Construction Company, Cross-Appellant v. Trinity Industries, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1981
- Mitchell v. ProbstSupreme Court of Oklahoma · 1915
- Carriger v. BallengerMontana Supreme Court · 1981
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- United States ex rel. C.J.C., Inc. v. Western States Mechanical Contractors, Inc.Court of Appeals for the Tenth Circuit · 1987
- The United States of America, for the Use of C.J.C., Inc., a New Mexico Corporation v. Western States Mechanical Contractors, Inc., a New Mexico Corporation Commercial Union Insurance Co., a Massachusetts Corporation and Sandia Corporation, a New Mexico Corporation, D/B/A Sandia National Laboratories, United States of America, for the Use of Hugg Surveying Co., Plaintiff v. Western States Mechanical Contractors, Inc., a New Mexico Corporation and Commercial Union Insurance Co., a Massachusetts Corporation, Defendants- United States of America, for the Use of Hugg Surveying Co., Plaintiff v. Western States Mechanical Contractors, Inc., a New Mexico Corporation and Commercial Union Insurance Co., a Massachusetts Corporation, Defendants- the United States of America, for the Use of C.J.C., Inc., a New Mexico Corporation v. Western States Mechanical Contractors, Inc., a New Mexico Corporation and Commercial Union Insurance Co., a Massachusetts Corporation, Defendants- United States of America, for the Use of Fred Sanchez Construction Company v. Western States Mechanical Contractors, Inc., a New Mexico Corporation and Commercial Union Insurance Co., a Massachusetts Corporation, DefendantsCourt of Appeals for the Tenth Circuit · 1987
- United States v. Commercial Mechanical Contractors, Inc.Court of Appeals for the Tenth Circuit · 1982