Regan Purchase & Sales Corp. v. Primavera

Plaintiff, a corporate auction house, sues the defendant to recover the price of an ice-maker, a dishwasher, and a variety of smaller items purchased by the defendant, a restaurateur, at an auction of restaurant equipment. In his counterclaim, the defendant seeks to establish a setoff to the action based on two quite separate grounds.

First, the defendant claims — and the evidence sustains the claim — that plaintiff failed to deliver several small items that had been purchased. I fix the value of the missing items at $100, an amount that had been tentatively agreed to by the parties at an…