A. J. Fleres, Inc. v. Larkin Welder & Machine Corp.

This is a consolidated nonjury action. A. J. Fleres, Inc. (Fleres) commenced an action in this court to rescind two certain agreements for the delivery of two machines manufactured for it by the defendant Larkin Welder & Machine Corporation (Larkin) and the damages allegedly sustained by it through the inefficacy in the operation of said machines.

Larkin commenced an action in the Municipal Court of the City of New York to recover on promissory notes representing the balance of the purchase price due on the two machines. In the consolidation order Fleres became the plaintiff and Larkin became…