SCM Corp. v. United States

This case comes before the court on the parties’ cross-motions for summary judgment. The petition alleges the breach of an oral contract entered into between plaintiff and the Department of the Army in settlement of a claim for equitable adjustment under a contract. Defendant’s answer asserts a counterclaim in the nature of a setoff for amounts allegedly due on another contract between the parties. We conclude that plaintiffs claim is without merit, as is the counterclaim. Therefore they must be dismissed.

Plaintiff, Kleinschmidt Division of SCM Corporation, entered into a negotiated…