O'BRIEN BROS. SLATE CO. INC. v. CHANT


8 A.D.2d 924 (1959)

O'Brien Brothers Slate Co. Inc., Appellant, v. William C. Chant, Doing Business as Chant Roofing Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 17, 1959


Plaintiff is a building slate producer and sues defendant for a balance on account of slate sold and delivered. The issue between the parties is the credit which defendant is entitled to have for slate returned offsetting plaintiff's claim. When the record is examined it is not entirely clear how much should be credited to defendant for returned slate; the parties differ about it; and there seems to be a triable issue of fact. The slate is measured in "squares" or fractions...

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