Fairmont Aluminum Co. v. Stuart Engineering & Manufacturing Co.

WORTENDYKE, District Judge.

This is a diversity action ex contractu for the price of goods sold and delivered by plaintiff, a corporation of the State of West Virginia, to defendant, a corporation of the State of New Jersey.

It is conceded that, prior to the transaction upon which the plaintiff’s claim is based, the defendant had been engaged in the engineering and manufacturing of certain products involving the-use of aluminum, at its premises designated as 907 Frelinghuysen Avenue, in the City of Newark, New Jersey, and that, for the purposes of its business, the appropriate representative of…