Cyclotherm Corp. v. Miller

MARSH, District Judge.

The plaintiff’s complaint sets forth the jurisdictional requirements of this court and alleges that “defendant owes, the plaintiff the sum of $11,448.06, with interest from November 3, 1949, for goods sold' and delivered by the plaintiff to the defendant between August 16, 1948 and November 3, 1949.” The defendant’s answer denies the debt and asserts a counterclaim in the amount of $60,000.00. The case is before the court on plaintiff’s Motion to Dismiss the Defendant’s Counterclaim because it fails to state a claim upon which relief can 'be granted.

The facts alleged in…