Paschall Oxygen Co. v. International Scrap Iron & Metal Co.

MacDade, J.,

Plaintiff contends in this matter, which is a motion under section 14 of the Practice Act of 1915, as amended, to strike off an affidavit of defense filed by defendant, that it filed a statement of claim based on a written contract between plaintiff and defendant, dated January 3, 1935, for the purchase by defendants from plaintiff of oxygen, and alleged an oral modification of the said contract on September 18, 1935, confirmed by letter of plaintiff to defendant reducing the price of oxygen from $1 plus 5 cents for delivery per 100 cubic feet of oxygen to 95 cents plus 5 cents…