Berman v. Tyburski Electric Co.

This is an action of contract by the assignee for the benefit of the creditors of Morton Electrical Supply Co., Inc. (Morton). The declaration is on an account annexed for balance due for electrical supplies and related items delivered from August 29, 1970 through August 26, 1971 in the amount of $3527.33. The answer included a general denial, claim of payment, failure of consideration, and claim that the plaintiff breached the agreement alleged in the declaration. The defendant made a special demand for proof that the plaintiff was the duly constituted, authorized and validly acting assignee…