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SENECA FALLS MACHINE COMPANY v. McBETH

No. 15665.

368 F.2d 915 (1966)

SENECA FALLS MACHINE COMPANY v. Paul C. McBETH and Paul C. McBeth, Jr., Individually, and t/a McBeth Machinery Company, Appellants.

United States Court of Appeals Third Circuit.

Decided November 28, 1966.

Attorney(s) appearing for the Case

Malcolm Anderson, Pittsburgh, Pa. (Griggs, Moreland, Blair & Douglass, Pittsburgh, Pa., on the brief), for appellants.

Hubert I. Teitelbaum, Pittsburgh, Pa. (Stanley G. Makoroff, Morris, Safier & Teitelbaum, Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS and GANEY, Circuit Judges, and SHERIDAN, District Judge.

OPINION OF THE COURT

BIGGS, Circuit Judge.

Jurisdiction in this suit is based on diversity. The defendants, the McBeths, a partnership, were sales agents for the plaintiff, Seneca Falls Machine Company, a manufacturer of machines. Seneca brought the suit to recover the purchase price of machines sold by Seneca to the McBeths for delivery to customers. The McBeths admitted the validity of Seneca's claims but set up two counterclaims, each denied by Seneca...

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