LASA Per L'Industria Del Marmo Societa Per Azioni v. Alexander
United States Court of Appeals for the Sixth Circuit
414 F.2d 143 (6th Cir. 1969)
Southern Builders was hired by the City of Memphis (City) to build City Hall. Southern Builders subcontracted with Alexander Marble and Tile Co. (Alexander) (defendant) to supply and install marble in the City Hall. Alexander subcontracted with LASA Per L’Industria Del Marmo Societa Per Azioni (LASA) (plaintiff) to supply the marble. LASA brought suit against Alexander, Southern Builders, and the City, claiming that it had performed its duties under the contract, but had not been paid in full. Alexander and Southern Builders both filed a counterclaim, claiming that LASA had shipped the wrong type of marble, had not shipped it on time, and did not ship the full amount of the marble. Alexander also filed a cross-claim against Southern Builders and the City, seeking money due on its subcontract with Southern Builders. In response, Southern Builders filed a cross-claim against Alexander for breach of contract. Alexander also filed a third party claim against the architect of the City Hall project, claiming negligent supervision of the project. The district court dismissed the cross-claims and the third party claim, holding that they did not arise out of the same transaction or occurrence of the original action or of a counterclaim therein. The parties appealed.
Rule of Law
Holding and Reasoning (Phillips, J.)
Dissent (McAllister, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.