Wiencken v. Mill-Rite Sash & Door Co. (In Re Empire Pacific Industries, Inc.)

MEMORANDUM OPINION

ELIZABETH L. PERRIS, Bankruptcy Judge.

The Plaintiff, Trustee for the estate of Empire Pacific Industries, Inc. (“EPI”), filed this adversary proceeding to collect an outstanding balance of $18,227.95 owed to EPI by the Defendant, Mill-Rite Sash & Door Co., Inc. (“Mill-Rite”). Mill-Rite counterclaimed for $25,936.09 on the basis of alleged defects in certain doors supplied by EPI, and on the basis that the doors deliv ered did not conform to the terms of the contract between the parties. 1

The Defendant concedes that the invoices relied upon by the Plaintiff accurately reflect…