S. D. Hicks & Son Company v. J. T. Baker Chemical Co.

HAYS, Circuit Judge.

Defendant appeals from the decision of the court below which awarded plaintiff judgment for over $54,000, of which over $24,000 represents interest, in its action for unpaid compensation for the construction of a chemical processing plant pursuant to a contract between the parties, and which dismissed Baker’s counterclaim for damages attributable to delays in performance. The diverse citizenship of the parties provides the basis of federal jurisdiction. 28 U.S.C. § 1332. Since the contract was made in New York and contemplated performance there, the law of New York…