Schube v. Parts Distributors, Inc.

Quillian, Chief Judge.

Suit on open account.

Schube was an automotive parts supplies distributor who purchased supplies from wholesalers and sold them to auto service stations. Over a period of 3-4 months in 1974 he purchased several hundred cases of Chemco oil filters from Parts Distributors on open account and sold them to numerous customers. Some of the filters were defective and, to keep his customers who complained, Schube agreed to buy them back. He tried to get Parts Distributors to take them back but could not as Chemco had sold them as a closeout and would not accept them back. Parts…