Metropolitan Development & Housing Agency v. Brown Stove Works, Inc.

OPINION

CONNER, Judge.

The dispositive question in this interlocutory appeal is the application of the doctrine of “former suit pending.” Defendant-appellant, Brown Stove Works, Inc.,1 is a manufacturer of cooking ranges located in Cleveland, Tennessee. Plaintiff-appellee, Metropolitan Development and Housing Agency (MDHA), is a public housing facility located in Nashville, Tennessee.

On October 5, 1978, MDHA sent Brown Stove a “Request for Price Quotation” for supplying 2,123 gas ranges. On October 21, 1978, Brown Stove returned the bid form accompanied by a letter setting forth various…