WEBER, Chief Judge.
Plaintiff is a manufacturer and distributor of steel rack for use in cold storage facilities, and defendant was an authorized distributor of the steel rack. Pursuant to a purchase order of defendant, plaintiff on four occasions in late 1974 shipped to Erie Farms, Inc. in Erie, Pa. a quantity of steel rack. The invoices, less certain credits, totaled $116,641.97, and bore the terms "Net 30 days". Plaintiff now seeks summary judgment for $116,641.97 plus interest from 30 days after the date of the invoices.
Defendant has admitted that it owes plaintiff for the steel rack,
but contends that it would not have been issued the purchase order except for certain misrepresentations by plaintiff's salesman and that it is entitled to an offset for certain damages it sustained in the total sum of $17,274.60. Defendant alleges, and supports by affidavits, that because of the nature of its sale to Erie Farms, Inc. it requested technical assistance from plaintiff Interlake, Inc. and that plaintiff's representative assured defendant that it would receive a purchase order for $129,345. for the racks.
It appears that in fact a dispute occurred between Defendant and its customer as to the appropriate price, and Erie Industrial Trucks never received a purchase order from this customer despite the assurance by plaintiff's representative that a purchase order would be forthcoming. Erie Industrial Trucks contends that it would never have issued its purchase order to Interlake but for its reliance on the statements of Interlake's representative.
Defendant alleges in its counter-claim that as a result of Interlake's actions it was required to engage legal counsel against its customer at a cost of $8,000, and that it suffered a loss of profit on the sale in the amount of $9,274.60.
The question before the court is whether plaintiff is entitled to summary judgment in the amount of its invoices plus interest. Plaintiff does not contest the fact that there is a dispute as to the counter-claim of defendant but contends that that is a separate matter that should proceed its normal course.
In Oxford Manufacturing Co., Inc. v. Cliff House Bldg. Corp., 224 Pa.Super. 387, 307 A.2d 343 , the court held that where the defendant commits a breach of contract to pay a definite sum of money, interest is allowed on the amount of debt from the time performance was due, after making deductions to which the defendant may be entitled, that the allowance of interest is not a matter of discretion but of legal right, and that a bona fide dispute as to the amount of indebtedness is no bar to the accruing of interest. As stated in West Republic Mining Company v. Jones & Laughlins, 108 Pa. 55 , in holding that interest is recoverable by right despite a dispute over the conformity of ore to samples:
"A dispute has arisen respecting the performance of the contract by the plaintiffs, and the amount of the debt, but however determined, the debt arises from contract."