Truslow Fulle, Inc. v. Diamond Bottling Corporation

The plaintiff in its complaint alleged that the defendant was indebted to it for certain merchandise, part of which had been delivered and the remainder of which was being held subject to the defendant’s orders. The defendant admitted that part of the merchandise had been delivered, but denied the rest of the complaint. It then pleaded a special defense the gist of which was that the merchandise consisted of a large quantity of crown caps to be used in its business of bottling and selling beverages, that the caps were defective and wholly useless for the purpose intended, that it had had to…