Stanspec Corporation, Cross-Appellant v. Jelco, Incorporated, Cross-Appellees

SETH, Circuit Judge.

Stanspee Corporation brought this action against Jelco, Incorporated, and its sureties to recover the unpaid balance of the purchase price under an equipment supply contract. Jelco admitted the existence of an unpaid balance, but raised in defense and counterclaim Stanspec’s non-performance of an earlier contract for essentially identical machinery. Judgment was entered in favor of Stanspee for the amount in dispute plus six per cent interest. The defendants filed notice of appeal and Stanspee filed notice of cross-appeal.

Jelco was a bidder on the mechanical and electrical…