Rochester Smelting & Refining Co. v. Republic Chemical Corp.

The plaintiff corporation has commenced an action against the defendant corporation to recover the balance of $4,159 claimed to be owing on the purchase price of 16,000 pounds of copper wire.

The answer contains a general denial and a counterclaim based upon alleged breach of warranty on the part of the plaintiff in connection with the quality of the wire. The plaintiff’s reply denies the allegations of the counterclaim.

The plaintiff now moves for summary judgment under rule 113 of the Rules of Civil Practice supporting the motion with an affidavit of its vice-president — in turn supported in…