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IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI       d/b/a       PLAINTIFF VS. NO.             DEFENDANT ANSWER AND COUNTERCLAIM COMES NOW       ("       ") and responds to the Complaint filed herein by       d/b/a       as follows: ANSWER For its answer to the Complaint filed herein,       would show as follows: FIRST DEFENSE       would affirmatively show that no contract existed between the plaintiff and       . Accordingly, the plaintiff is not entitled to recover damages for breach of contract in this matter. SECOND DEFENSE       would affirmatively show that the plaintiff failed to provide       with adequate assurance of its ability to pay       for the materials requested by the plaintiff from       . Accordingly, the plaintiff is not entitled to recover damages from       in this matter. THIRD DEFENSE       would affirmatively show that the plaintiff unilaterally rescinded its request that       provide materials to the plaintiff for the       ,       project. Accordingly, the plaintiff is not entitled to recover damages from       in this matter. FOURTH DEFENSE Responding to the Complaint paragraph by paragraph,       would show the following: 1.       admits that       is a Mississippi corporation.       lacks sufficient knowledge, information and belief upon which to base a conclusion as to the truth or falsity of the remaining allegations of paragraph       of the Complaint and, therefore, for the purpose of demanding strict proof thereof, denies same. 2. The allegations contained in paragraph       of the Complaint are admitted. 3. The allegations of paragraph       of the Complaint are denied.       specifically denies that a writing dated             ,       is attached to a copy of the Complaint as Exhibit "       ".       would affirmatively state that its bid for the contract work was made to       as the purported agent of       . 4. The allegations of paragraph       of the Complaint are denied.       would affirmatively state that at the request of       that       furnished preliminary shop drawings to       as the purported agent of       and anchor bolts directly to       . Said shop drawings speak for themselves. 5.       admits that the plaintiff performed foundation work at the       ,       site. The remaining allegations of paragraph       of the Complaint are denied. 6. The allegations of paragraph       of the Complaint are denied.       would affirmatively show that on             ,       it was advised for the first time that all invoices for the       ,       project should be sent to       not to       as previously represented to       .       immediately investigated the credit of       and learned that the corporation had a history of slow payment.       proposed that       provide either a letter of credit or a joint check agreement from       to proceed with the job.       failed and refused to provide the credit requested. Thereafter,       unilaterally withdrew its order and never requested that       perform additional work or supply additional materials to the       ,       project. 7. The allegations of paragraph       of the Complaint are denied.       would affirmatively state that the materials procured by       for completion of the       ,       project were at an excessive price and not a proper measure of damages, if any, incurred by the plaintiff.       specifically denies that the plaintiff is entitled to recover damages in any amount whatsoever from       . 8.       reavers those responses and defenses contained in paragraphs 3 through 7 above. 9. The allegations of paragraph       of the Complaint are       . 10. The allegations of paragraph       of the Complaint are       . 11. The allegations of paragraph       of the Complaint are       . 12. The allegations of paragraph       of the Complaint are       . 13.       admits that it provided preliminary shop drawings to       as the purported agent for       and anchor bolts directly to       . The remaining allegations of paragraph       of the Complaint are denied. 14. The allegations of paragraph       of the Complaint are       . 15. The allegations of the unnumbered prayer for relief immediately following paragraph       of the Complaint are       . It is specifically denied that the plaintiff is entitled to recover damages in any amount whatsoever from       . WHEREFORE, PREMISES CONSIDERED,       respectfully requests that this Court dismiss the Complaint filed against it by       d/b/a       with all costs to be assessed against       d/b/a       . COUNTERCLAIM COMES NOW       and for its Counterclaim against       d/b/a       would show the following: l.a.       ("       ") is a corporation organized and existing under the laws of the State of Mississippi which maintains its principal place of business at       ,       , Mississippi. l.b.       is a corporation organized and existing under the laws of the State of Mississippi which claims to be doing business as       and which may be served with process in this matter in accordance with Rule 5, Miss. R. Civ. P. by serving counsel for       d/b/a       . 2. At the request of       , acting as the purported agent of       ,       prepared and furnished anchor bolts to       and preliminary shop drawings to       for a construction project in       ,       . 3. After the shop drawings had been furnished,       advised       that they were not the agent for       and asked       to submit invoices for the anchor bolts and shop drawings and all future work on the project to       . 4.       immediately conducted a credit investigation of       and upon learning that       had a history of slow payment, requested that       provide with adequate assurance of its ability to pay       for the materials requested. 5.       , rather than provide the adequate assurance requested by       , withdrew its request for materials for the project. 6.       is entitled to recover the reasonable value of the anchor bolts provided to       and shop drawings provided to       in the amount of $       plus interest at the rate of       percent per annum from the date the shop drawings were furnished,             ,       , until paid. WHEREFORE, PREMISES CONSIDERED,       respectfully requests that this Court enter judgment in its favor against       d/b/a       in the amount of $       plus interest thereon at the rate of       percent per annum from             ,       until paid plus all costs of this action. Respectfully submitted, _______________________________________       Attorney for       Of counsel:                         Telephone:       MSB #       Attorney for