Socony Mobil Oil Company v. Klapal

VAN PELT, District Judge.

In this action Socony Mobil Oil Co., Inc., plaintiff, brought suit against defendant, George E. Klapal, to recover on account for materials furnished in the nature of fuel oils, gasoline, grease, lubricants and the like. The complaint prayed judgment for $11,201.46. There was no dispute between the parties that $8,384.11 of that amount was owing plaintiff. The remaining amount of $2,817.35, however, was disputed, defendant asserting that the diesel fuel furnished making up that amount did not meet the contract standards or was otherwise defective. Defendant interposed…