Fansteel Metallurgical Corporation v. United States

LARAMORE, Judge.

In a suit by plaintiff Fansteel Metallurgical Corporation under a supply contract, the Government has counterclaimed for alleged overpayments to plaintiff. Plaintiff has filed motion for summary judgment dismissing the counterclaim on the ground that plaintiff’s affirmative defenses to the counterclaim cannot be denied and are dispositive of defendant’s counterclaim. The affirmative defenses are: (1) The defendant is precluded, as a matter of law, from recovering on its counterclaim because of the provisions of section 49 of the Uniform Sales Act, Ill. Rev.Stat. ch. 121%, §…