ROCHESTER SMELTING & REF. CO. v. REPUBLIC CHEM. CORP.


36 Misc.2d 194 (1962)

Rochester Smelting and Refining Co., Inc., Plaintiff, v. Republic Chemical Corp., Defendant.

Supreme Court, Special Term, Monroe County.

September 10, 1962


Attorney(s) appearing for the Case

Goldstein, Goldman & Kessler (Andrew M. Greenstein of counsel), for plaintiff. Sydney M. Freed for defendant.


CLARENCE J. HENRY, J.

The plaintiff corporation has commenced an action against the defendant corporation to recover the balance of $4,159 claimed to be owing on the purchase price of 16,000 pounds of copper wire.

The answer contains a general denial and a counterclaim based upon alleged breach of warranty on the part of the plaintiff in connection with the quality of the wire. The plaintiff's reply denies the allegations of the counterclaim....

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