James Talcott, Inc. v. Winco Sales Corp.

Arox S truer, J. P.

Plaintiff, a factor, sues on an invoice for goods sold to defendant by C So H Air Conditioning Fan Co. (hereinafter called C & H). The goods were sold on February 9,1956 and delivered May 11,1956. The invoice was dated May 31 and assigned to plaintiff the same day. A portion of the invoice was paid and suit is for the balance. There is no dispute as to plaintiff’s claim. The issues arise on two setoffs asserted by defendant. Originally three setoffs were asserted but one was withdrawn and does not enter the case.

The first setoff is for a freight charge of $529.01 on the…