Jay Cee Fish Co. v. Cannarella

ORDER

SIMONS, District Judge.

This action on an account was commenced by plaintiff against defendant on August 5, 1966 seeking to recover $12,-700.49 allegedly due for certain quantities of fish delivered to defendant’s seafood markets and for which defendant has refused to pay upon demand.

Defendant’s answer, after setting out a general denial, admits plaintiff sold fish to him over a period of time but denies that he ever owed plaintiff $12,700.-49. Defendant alleges that a novation took place and that defendant sent plaintiff checks totaling $8,947.85 written on the Florence Seafood…