Mennella v. Schork

Action by plaintiff to recover the sum of $910, predicated upon two causes of action:

1. For repairs for parts negligently supplied by the defendant.

2. For breach of warranty for parts supplied by the defendant, which were not fit for the use intended.

Defendant interposed a general denial and a counterclaim for goods sold and delivered in the amount of $439.75, with interest thereon from April 2,1965,

*450At the inception of the trial plaintiff conceded the validity of defendant’s counterclaim.

FACTS

Plaintiff was the owner of a truck which he had acquired as a used — or secondhand — vehicle in 1964.…