Cannon, Namroc & Associates, Inc. v. Max Sontz Co.

This is an action of contract to recover the purchase price for eight (8) infra-red heaters which the defendant purchased from the plaintiff.

The answer is a general denial with the allegation of estoppel and payment. The answer also alleges that the goods were defective; that they were not merch*66antable or fit for the purpose intended as warranted; that there was no consideration; and that there was fraud.

The court found for the defendant.

At the trial there was evidence tending to show:

The plaintiff, a wholesaler of heating and ventilating equipment, was contacted by a representative of the…