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Contracts Keyed to Calamari
Copeland Process Corp. v. Nalews, Inc.
Facts
In 1966, the Plaintiff, Copeland Process Corp. (the "Plaintiff"), contracted with Franconia Paper Corporation ("Franconia") to "furnish a chemical recovery system" for one of their plants. The Plaintiff was also under contract with the town of Lincoln to "install pollution control equipment" at the same Franconia plant. This action stems from a dispute between the Plaintiff and the Defendant, Nalews Inc. (the "Defendant"). The Defendant was a subcontractor of the Plaintiff for the pollution project with the town of Lincoln. The Defendant agreed to "furnish labor, material and services" on the project. On October 2, 1968, the Plaintiff and the Defendant entered into a written agreement that had the effect of canceling their agreement "without prejudice by mutual agreement." Additionally, according to the agreement, the parties were obligated to make an accounting and settlement and the Plaintiff was obligated to purchase all the materials left on site by the Defendant that the Plaintiff had not paid for yet. The trial court sided with the Defendant and the Plaintiff appealed.
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