C & L Rural Electric Cooperative Corp. v. Kincade

CLAYTON, District Judge.

This suit began here as an action to recover on a judgment rendered by the Circuit Court of Lincoln County, Arkansas. It is now before the Court on a motion for summary judgment with respect to a severable part of claims asserted by amended counterclaim. Before proceeding with the issue now before the Court, it will be necessary to briefly outline the pertinent transactions leading up to this controversy.

On February 6, 1947, C & L Rural Electric Cooperative Corporation, an Arkansas corporation, hereinafter referred to as C & L, entered into a construction contract with…