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IN RE MEYERTECH CORP.

Bankruptcy No. 81-03462G, Adv. No. 83-2301G.

57 B.R. 606 (1986)

In re MEYERTECH CORPORATION, Debtor. SOUTHEASTERN SPRINKLER COMPANY, INC., Plaintiff, v. MEYERTECH CORPORATION, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

February 5, 1986.

Attorney(s) appearing for the Case

Murray S. Levin, Joan A. Yue, Pepper, Hamilton & Scheetz, Philadelphia, Pa., and Ben G. Leaphart, Love, Thornton, Arnold & Thomason, Greenville, S.C., for plaintiff, Southeastern Sprinkler Co., Inc.

John C. Fenningham, Gorr, Stevens & Fenningham, Trevose, Pa., and Joseph R. Livesey, Philadelphia, Pa., for the debtor/defendant, Meyertech Corp.

Marjorie O. Rendell, Duane, Morris & Heckscher, Philadelphia, Pa., for Creditors' Committee.

OPINION

EMIL F. GOLDHABER, Chief Judge:

The issue for decision in the case at bench is whether the "total cost method" is the proper measure of damages under a breach of a contract to supply parts for a fire sprinkler system. Due to a failure of proof, as explained below, we conclude that it is not the proper measure of damages in the case before us.

We summarize the facts of this case as follows:1 Southeastern Sprinkler...

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