American Oil Co. v. Cantelou Oil Co.

OPINION

ROSENBERG, District Judge.

This matter is here on three motions by the plaintiff: (1) to strike the third and fourth defenses contained in the defendant’s answer; (2) to dismiss the counterclaim of the defendant; or (3) in the alternative to require the defendant to file a more definite statement of its counterclaim.

The plaintiff brought this action to collect for fuel oil and kerosene sold by the plaintiff to the defendant under contract. In the plaintiff’s complaint it is alleged that on June 29, 1965 the defend*145ant oil broker placed an order for the oil and kerosene at specified…