Old Town Woolen Co. v. Louis Fishman & Son, Inc.

The order now here denies plaintiff’s motion for summary judgment. The action was for goods sold, delivered and accepted, pursuant to a written order upon terms of credit. The sum demanded is $9,014.77. The sale and delivery of the goods is admitted in the answer and the sum due is not contested, but by way of counterclaim defendant seeks to recover from plaintiff damages for failure on the part of the plaintiff to carry out the terms and conditions of the written order, which constitutes the contract of the parties. The reply to this counterclaim admits that plaintiff failed to deliver 381…