Klein v. American Luggage Works, Inc.

Bramhall, J.:

On August 14, 1956, plaintiff brought suit against defendant for $3,751.61 for goods sold and delivered by plaintiff, a luggage manufacturer, to defendant, a “discount house”, in the City of Wilmington. Defendant admitted the sale and delivery but asserted in defense that the goods were deficient in quality. He also filed a counterclaim based upon an alleged agreement that defendant should have the exclusive right to sell plaintiff’s luggage in the State of Delaware.

On November 20, 1956, defendant filed a second counterclaim, in which he contended that he had elected to rescind…