Fabrics Corp. of America v. M. Wile & Co.

This is an action to recover the purchase price of goods sold and delivered. Denials, defenses and a counterclaim have been interposed, raising the issues of the delivery of merchandise not in accordance with sample, of allegedly inferior and unmerchantable quality, of breach of warranty and of rejection. The plaintiffs have noticed the taking of the defendant’s pretrial examination. The defendant now moves to vacate or modify the notice.

It appears that the plaintiffs had instituted a prior action in respect of the same transaction, and that in that earlier suit-— which was dismissed for…