Mission Appliance Corp. v. Ajax Thermostatic Controls Co.

JONES, Chief Judge.

This is an action for breach of warranty. Plaintiff ordered some thermostats from defendant which plaintiff returned as unsatisfactory and for which plaintiff seeks a refund of the purchase price.

Defendant answered alleging that it had been agreed between the parties that any claims, such as here asserted by plaintiff, must be made within five days after receipt of the goods and that plaintiff did not present this claim within such period. Defendant also asserted a counterclaim for damages for breach of contract by plaintiff.

Plaintiff has filed a motion “for leave to reply…