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Civil Procedure Keyed to Cound
Lasa Per L’Industria Del Marmo Societa Per Azioni v. Alexander
Facts
Southern Builders (Defendant; “Southern”), a Tennessee corporation, was a general contractor and was hired by Memphis, Tennessee (Defendant) and secured a bond with Continental Casualty (Defendant; “Continental”) to build a new city hall. Southern subcontracted with Alexander Marble and Tile Co. (Defendant; “Alexander”), a partnership of Tennessee residents, and Marble International, Inc. (Defendant; “Marble”), a Texas corporation, to install marble in the new city hall. Alexander hired Plaintiff Lasa Per L’Industria Del Marmo Societa Per Azioni (“Lasa”), an Italian corporation, to supply materials. Plaintiff sued all Defendants for money owed on the contract. Alexander filed an answer and counterclaim, alleging that Plaintiff had breached the contract because of late delivery, substandard materials, and wrong contract price. Southern filed an answer and counterclaim, alleging failure to ship according to the contract and claimed damages. Alexander filed a cross claim against the other Defendants except Marble for money allegedly due on the contract. Southern and Continental filed answers and Southern filed a cross claim against Alexander for breach of contract. Alexander filed a third party complaint against A.L. Aydelott and Associates (Defendant; “A.L.”) and Aydelott (Defendant), the architect company and the architect individually, seeking actual and punitive damages under a Tennessee statute for inducement to breach the subcontract. Alexander sued Southern for actual and punitive damages. The District Court treated the third party complaint and the counterclaim by Southern against Alexander as cross claims. The District Court then dismissed the cross claim of Alexander v. Southern, Continental and Memphis and the cross claim of Southern v. Alexander and the third party complaint of Alexander v. A.L. and Aydelott. The District Court held, “the cross claims did not arise out of the same transaction or occurrence that is the subject matter of the original action or of a counterclaim therein.”
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