Phelps Dodge Copper Products Corp. v. Alpha Construction Co.

The opinion of the court was delivered by

Fontron, J.:

This is an action by Phelps Dodge Copper Products Corporation, herein called plaintiff or Phelps Dodge, against the defendants, Alpha Construction Company and Fidelity and Casualty Company of New York, herein referred to as Alpha or defendants, to recover for copper products sold and delivered to Alpha in the total amount of $292,684.22.

The defendants filed an answer generally admitting the plaintiff’s allegations but cross claiming for damages resulting to Alpha from delays in delivery allegedly amounting to $184,416.08. Phelps Dodge…