Fischetto Paper Mill Supply, Inc. v. Quigley Co., Inc.

The opinion of the court was delivered by

Wachenfeld, J.

The appellant sued for the purchase price of certain merchandise delivered, to wit, waste paper. Delivery was admitted but the respondent disputed the quantity received and the amount due. The issue so framed was decided by the jury and is not before us at this time.

The appeal concerns the issues arising out of a counterclaim filed by the respondent in which it alleges it purchased and paid for shipments of waste paper for a long time, from December, 1940, to July, 1945, and during this period was cheated and defrauded by the appellant…