M.K. Associates v. Stowell Products, Inc.

MEMORANDUM OF DECISION AND ORDER

GENE CARTER, District Judge.

I. Introduction

M.K. Associates, a seller of wood products, has brought an action to recover the remainder of the purchase price due from a sale of ash dowels to the defendant Stowell Products, Inc. The defendant claims that the plaintiff breached the contract because the dowels were defective. The defendant argues that it is entitled to set off the remaining amount due as damages caused by the defective goods.

The case was tried before the court on September 19, 1988. For the reasons set forth below, the court finds for the plaintiff.…