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NORTH AMERICAN PHILIPS CONTROLS CORPORATION v. PRECISION TIMER CO.

(2272)

1 Conn. App. 9 (1983)

NORTH AMERICAN PHILIPS CONTROLS CORPORATION v. PRECISION TIMER CO., INC.

Appellate Court of Connecticut.

Decision released November 22, 1983.

Attorney(s) appearing for the Case

John W. Barnett, for the appellant (defendant).

James R. Fogarty, with whom, on the brief, was Robert A. Epstein, for the appellee (plaintiff).

DANNEHY, C.P.J., TESTO and BORDEN, JS.

PER CURIAM.

The plaintiff sued the defendant for payment for electric motors sold, delivered to and accepted by the defendant. The defendant admitted the sale, delivery and acceptance, and filed a special defense and counterclaim to the effect that the delivery was untimely. At trial, the parties stipulated that the defendant owed the plaintiff $26,342.19 for the motors delivered and accepted. The sole issue was whether, under the counterclaim, the delivery was untimely...

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