LASA PER L'INDUSTRIA DEL MARMO SOCIETA PER AZIONI V. ALEXANDER
414 F.2d 143 (6th Cir. 1969)
NATURE OF THE CASE: This was an appeal of a dismissal of cross-claims and a third party
complaint in a breach of contract action.
FACTS: Alexander Marble and Tile Co. (D) was hired as a subcontractor by Southern
Builders, the principal contractor, for the construction of a city hall in Memphis,
Tennessee. D contracted with LASA (P) to supply marble for the job. P sued D for a breach of
contract for nonpayment after fully performing the contract. D filed a counterclaim against
P for breach of contract, a cross-claim against Southern Builders, its surety, and the City
of Memphis. P also filed a third-party complaint against the architect. Southern Builders
filed a counterclaim against D. The district court dismissed D's cross-claim and third-party
complaint, along with the counterclaim of the prime contractor; they did not arise out of
the same transaction or occurrence that was the subject matter of the original action or of
a counterclaim therein. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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