Professional Documents
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__________________________________________________
___________________ Hospital, Inc. )
Plaintiff, )
vs. ) Case No. _____
___________________ Medical Supply Co. ) (Judge ___________________)
Defendant. ) ANSWER AND
) COUNTERCLAIM
)
__________________________________________________
15. The Complaint fails to state a claim against ___________________ upon which relief can be
granted.
17. Plaintiff is bound by its acceptance of the radiographic fluoroscopic equipment provided by
___________________. There has never been a proper revocation of acceptance.
8. Plaintiff ___________________ has told Defendant ___________________ that it will not pay
the balance due because the ___________________ equipment does not perform in accordance
with representations by Defendant ___________________ and the specifications in the Agreement.
At no time, however, did Plaintiff ___________________ reject the equipment as nonconforming.
___________________ has concluded that problems with the radiographic fluoroscopic equipment
are caused by the electrical support equipment installed by the Plaintiff ___________________.
10. The electrical support equipment was not properly installed by Plaintiff ___________________
and does not meet the specifications set forth in the Agreement.
12. By refusing to pay the purchase price balance of $1 million due to Defendant
___________________, Plaintiff ___________________ has breached the Agreement with
Defendant ___________________.
3. An award of its costs, including reasonable attorney's fees, incurred in this action;
and
4. All such other relief that the court finds to be just and proper.
Respectfully Submitted,
______________________
I hereby certify that a copy of the foregoing Answer and Counterclaim was served by regular U.S.
mail, postage prepaid, on Plaintiff's counsel and on all other counsel of record, this _____[date] day
of ____________________, 20_____[month and year].
______________________
______________________