American Paper & Pulp Co., Inc. v. Maurice Denenberg, Individually and Trading as Denny Paper & Board Co., (Lansdowne Paper Mill, Inc.)

HASTIE, Circuit Judge.

In this diversity case a buyer has obtained redress against a seller for an alleged breach of warranty of the quality of goods sold and delivered. The trial judge, sitting without a jury, found for plaintiff, American Paper & Pulp Co., against defendant, Denenberg, in the amount of $6,023.26, and made a like award to defendant against a third-party defendant who had manufactured and supplied the goods. However, the third-party defendant did not defend the action because prior to trial it had gone out of business and, apparently, was judgment-proof.

The goods were sold and…