Rumsey Electric Co. v. Heat Seal-It Co.

WiNNET, J.,

— Plaintiff has filed demurrers to the amended answer and amended counterclaim of defendant. We are of the opinion that defendant’s second attempt to answer the claim of plaintiff is no better than the first: the demurrers must be sustained.

The suit is based on a written order dated June 20, 1946, for solenoids (an electrical device used in the control of mechanical motion) manufactured by the National Acme Company and distributed by plaintiff. Five of the solenoids were delivered to defendant on August 19, 1946, and on September 3rd the balance of 90 was delivered and refused. On…