STERN & CO., INC., OF RHODE ISLAND v. J.P. BRADY CO.

Ex. No. 9550.

115 A.2d 523 (1955)

STERN & CO., INC. OF RHODE ISLAND v. THE J.P. BRADY COMPANY.

Supreme Court of Rhode Island.

June 29, 1955.


Attorney(s) appearing for the Case

Temkin & Temkin, Alfred M. Silverstein, for plaintiff.

Fergus J. McOsker, for defendant.


FLYNN, Chief Justice.

This is an action in assumpsit on book account and on the common counts for a balance alleged to be due for merchandise sold by the plaintiff to the defendant and appearing in an open account on the plaintiff's books. The defendant filed first a plea of the general issue and secondly a plea in set-off. The case was tried in the superior court before a jury, and at the conclusion of the evidence for the plaintiff the trial justice granted the...

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