Roadel Foods, Inc. v. Great Western Meat Market Co.

The plaintiff moves for summary judgment in an action brought to recover the purchase price of goods alleged to have been sold and delivered. In its answer, the defendant has denied that it requested, bought or received the merchandise. The amount involved is comparatively small, and the suit appears to have been brought in the Supreme Court because defendant is not domiciled within the City of New York. Nevertheless, I cannot, on this motion, relieve this court of the burden of a trial.

The moving affidavit is made by the plaintiff’s counsel, and, objection thereto having been raised by the…