Middle Atlantic Warehouse Distribution, Inc. v. Everett Auto Parts of Marlboro, Inc.

Plaintiff has brought this action in contract against the defendant corporation and Gary Rubin for failure to pay for goods sold and delivered to the defendant. After a trial, without jury, and based upon all the credible evidence, the court makes the following findings of fact and rulings of law.

FINDINGS OF FACT

The defendant, Everett Auto Parts of Marlboro, Inc. (“EAP”) was incorporated in December 1946. EAP was at all relevant times an automobile jobber which sold automotive parts to companies and individuals. On February 16, 1988, EAP changed its name to Everett Auto Parts Co., Inc.

In the…