Warren, Little & Lund, Inc. v. Max J. Kuney Co.
Court of Appeals of Washington
1Opinion of the CourtMunson, J.
Max J. Kuney Company (Kuney) appeals the trial court's order granting summary judgment to Warren, Little & Lund, Inc. (WL&L) on its subcontractor's claim for retainage withheld by the contractor, Kuney, and dismissing Kuney's counterclaim for breach of an unrelated contract. The issue is whether the trial court should have permitted Kuney to set off its unliquidated counterclaim against WL&L's liquidated claim. We affirm.
In October 1981, Kuney contracted with Yakima County for the construction of the Yakima County Jail. WL&L subcontracted with Kuney to perform certain mechanical work on the…
2Cases cited8 opinions
- North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
- United States v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1936
- Marks v. SpitzDistrict Court, D. Massachusetts · 1945
- McGovern v. MartzDistrict Court, District of Columbia · 1960
- George v. W-G Fertilizer, Inc.Supreme Court of Kansas · 1970
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3Cited by1 opinion
- Warren, Little & Lund, Inc. v. Max J. Kuney Co.Washington Supreme Court · 1990