Goodyear Tire & Rubber Co. v. Jones

MEMORANDUM OF DECISION

TEMPLAR, District Judge.

On November 21, 1967, the plaintiff filed with this Court an interpleader action pursuant to 28 U.S.C. §§ 1335 and 2361. Plaintiff alleged that it was obligated in the sum of $52,661.04 to the defendant, Mrs. E. A. Jones (Fern Jones), d/b/a Jones Electric Machinery *1287Company, for electrical work and materials furnished under the terms of a construction contract. The construction contract provides, in part, as follows:

“ * * * however, that neither said contract price nor any part thereof nor any amount agreed upon as additional thereto shall be due…