Chiodo v. Garramone

This is an action in contract. The plaintiff has moved for an order to strike out the answer and counterclaim and for summary judgment for the relief demanded in the complaint.

The complaint alleges the making of a conditional sales contract between the parties for the sale and manufacture of certain restaurant equipment at a price of $4,927, the performance on the part of plaintiff, the attempted delivery by plaintiff and refusal of the equipment by defendant and plaintiff’s consequent damage.

The answer interposed by the defendant concedes the making of the contract, denies that the equipment…