Fire Sprinkler Fabricators Corp. v. Bert's Refrigeration, Inc.

MEMORANDUM

HUNGATE, District Judge.

This matter is before the Court to determine the merits of plaintiff’s claim against defendant, and defendant’s counterclaim against plaintiff, after a one-day nonjury trial.

Plaintiff brings this action pursuant to 28 U.S.C. § 1332 to recover on account for materials and equipment used to install a fire sprinkler system sold to defendant. Plaintiff also seeks interest and court costs. In its answer, defendant argues it is entitled to a set-off on the grounds that(a) plaintiff failed to deliver the goods within the time agreed upon between plaintiff and…