Horton Co. v. International Telephone & Telegraph Corp.

MEMORANDUM ORDER

COHILL, District Judge.

The defendant in this contract action moves to join an additional party on its counterclaim against the plaintiff. The two parties had a commercial contract whereby the defendant was to design and produce component parts for the plaintiff’s use in manufacturing. After a dispute arose over whether some of the parts met the quality requirements of the contract, plaintiff stopped payment on a check, and defendant thereafter demanded a surety bond before it would resume production. Plaintiff furnished such a bond. The additional party sought to be joined is…