KLEIDERFABRIK v. PETERS SPORTSWEAR CO., INC.

Civ. A. No. 76-3103.

483 F.Supp. 1228 (1980)

Eska KLEIDERFABRIK, Sigmund Klein v. The PETERS SPORTSWEAR CO., INC.

United States District Court, E. D. Pennsylvania.

January 30, 1980.


Attorney(s) appearing for the Case

Henry O. Leichter, Erda & Leichter, New York City, for plaintiffs.

Richard M. Squire, Cohen, Shapiro, Polisher, Shiekman & Cohen, Philadelphia, Pa., for defendant.


SUR PLEADINGS AND PROOF

LUONGO, District Judge.

In 1970 plaintiffs delivered merchandise (jackets) to defendant. Claiming that a number of the jackets shipped exceeded the quantity ordered and that others were defective, defendant deducted approximately $115,000 from the purchase price. After a period of time, the parties agreed that the goods in question had been properly rejected, but could not come to agreement as to the disposition of the overshipped...

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