The opinion of the court was delivered by: LORD
Plaintiff's complaint comprises three counts. In Count I, plaintiff alleges that plaintiff and defendant entered into a contract in 1982 whereby plaintiff agreed to construct four molds to be used by defendant to manufacture medical equipment and defendant agreed to pay plaintiff $259,100. Count I further alleges that defendant breached the contract by unilaterally terminating the agreement by letter dated May 7, 1982.
Count II alleges that two years before forming the contract alleged in Count I, plaintiff and defendant had entered into agreements in 1980 for plaintiff to construct molds that plaintiff would use to construct parts to be sold to defendant. The contract provided, according to the complaint, that if defendant desired to purchase the molds in addition to the parts, defendant would owe plaintiff an additional sum. The complaint alleges that defendant has demanded delivery of the molds, that plaintiff delivered the molds on October 12, 1982, but that defendant has not paid plaintiff the contract price.
Count III alleges that in April, 1982, plaintiff delivered to defendant certain parts for which defendant has not paid plaintiff.
Defendant has moved for summary judgment on the issue of liability. Plaintiff has filed a cross motion seeking summary judgment on plaintiff's Counts I and III and on defendant's counterclaim. I will deny both motions.
The script in this case is complex and the players numerous. Thus, before setting forth the facts, I have composed a chart of the actors appearing most frequently:
Plaintiff-Reaction Molding Defendant-General Electric
Wilton R. Danien, President Jim Curtis, Waltz' boss
David E. Michaelis, Vice-President Frank Waltz, GE Manager
and boss to Repinski
Jeffrey W. Hill, plaintiff's
representative in Chicago Gregory A. Repinski,
Project Manager CT9800
Joseph E. Pompe, Tooling
Supervisor Lee Rundbaken, Roshak's boss
Dick Brandt, GE Engineer
Cletus R. Roshak, buyer for
James Howard, buyer for GE
Wally Swanson, buyer for GE
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