Banner Iron Works, Inc. v. Amax Zinc Company, Inc., Banner Iron Works, Inc. v. Amax Zinc Company, Inc.

HEANEY, Circuit Judge.

Banner Iron Works, Inc., contracted to fabricate steelwork to be used in building certain highly specialized equipment for Amax Zinc Company, Inc. Numerous difficulties arose during the performance of the contract, however, and Amax called in other contractors to complete the job. Amax withheld payment to Banner and suit and countersuit were filed.

The circumstances surrounding the formation of the contract were as follows: After meeting with Amax representatives and studying the project plans and specifications, Banner submitted to Amax a written quotation for the…