Koppel Industrial Car & Equipment Co. v. Portalis & Co.

The plaintiff moves to strike out a notice and demand under section 323 of the Civil Practice Act. The action is brought to recover damages for defendant’s refusal to accept and pay for a number of reels of wire ordered by defendant and purchased by plaintiff for defendant under an agreement calling upon the defendant to pay certain stipulated prices therefor. The wire was shipped by plaintiff to defendant in the Argentine Republic. The answer consists of a general denial and five counterclaims based on breaches of contract in failing to deliver on time and breaches of warranty. The reply…