PGA Marketing Ltd. v. Windsor Plumbing Supply, Inc.

The plaintiff sought to enforce two promissory notes which were executed in partial payment for plumbing supplies which it sold to the defendant. In defense to the plaintiff’s action, the defendant argued, inter alia, that some of the goods ordered were not delivered, that other goods delivered were of second-grade quality or were discontinued materials, and that the plaintiff did not bill the goods at the discounted prices to which they had agreed. The defendant also asserted the defense of fraud, claiming that the plaintiff induced it to execute the notes by assuring it that it would…