Westinghouse Electric Corp. v. Garrett Corp.

Westinghouse Electric Corporation (Westinghouse) brought this action against The Garrett Corporation (Garrett) for breach of contract. Garrett denied that it had breached the contract, and filed a counterclaim alleging that Westinghouse had wrongfully terminated the contract. Jurisdiction is based on diversity of citizenship. After a non-jury trial on the merits, the district court found that both parties were equally responsible for the delays which led to Westinghouse’s decision to terminate the contract, and that therefore neither party should be allowed to recover for the other’s breach.…