Amoco Oil v. Penn State Aluminum Co.

SHUGHART, P.J.,

Before us is plaintiff’s motion for summary judgment. Plaintiff contends that defendant’s counterclaim, which seeks an affirmative judgment on plaintiffs breach of contract, or, in the alternative, a “setoff” on any amount found to be due plaintiff, is barred by the statute of limitations. We find that defendant’s counterclaim that asks for a “setoff” is not barred; therefore, summary judgment must be denied.

Plaintiff’s amended complaint states: “Upon the oral request of defendant, plaintiff made sales to defendant and by November 30, 1979, there was due and owing by defendant…