Allen-Howe Specialties Corporation v. U.S‪.‬

MAUGHAN, Justice: Plaintiff, a subcontractor, initiated this action, pleading in seven counts, to recover $75,010.42 for labor and materials expended in erecting a metal building to house a uranium extraction plant. The defendants, after extensive discovery, moved for summary judgment on the alternative grounds that certain contractual provisions precluded recovery or an accord and satisfaction had been effected. The trial court granted defendants summary judgment on five of the counts. Plaintiff dismissed one count and its claim against Kennecott Copper; liability on one count was admitted. Plaintiff appeals, contending it is entitled to a trial to establish its claim for an additional $64,108.77. The judgment of the trial court is affirmed. No costs awarded.