Bogart Manufacturing Corp. v. Franklin Fibre Lamitex Corp.

In an action to recover damages for an alleged breach of contract, in which the defendant, Franklin Fibre Lamitex Corp., pleaded an affirmative defense of accord and satisfaction and also served a third-party complaint against Russell Reinforced Plastics Corporation as third-party defendant, the parties cross-appeal as follows from a judgment of the Supreme Court, Kings County, entered June 19, 1961 upon the oral decision of the court, after a nonjury trial with respect to said defense: (1) Plaintiff appeals from so much of the judgment as dismissed its complaint, with costs. (2) Defendant…