IN RE H.P. TOOL MFG. CORP.

Bankruptcy No. 80-00657G, Adv. No. 82-2622G.

37 B.R. 885 (1984)

In re H.P. TOOL MANUFACTURING CORP., Debtor. Fred ZIMMERMAN, Trustee, Plaintiff, v. BASS & SONS, INC., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

March 16, 1984.


Attorney(s) appearing for the Case

Marguerite J. Ayres, Mesirov, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, Pa., for plaintiff, Fred Zimmerman, trustee.

Benjamin F. Levy, Segal, Wolf, Berk & Gaines, Philadelphia, Pa., for defendant, Bass & Sons, Inc.

Fred Zimmerman, Pennsauken, N.J., trustee.


OPINION

THOMAS M. TWARDOWSKI, Bankruptcy Judge:

The issue before us is whether we should grant the trustee's complaint against the defendant to collect accounts receivable for goods delivered. Assuming, arguendo, that the defendant accepted the goods in question, we find that the defendant effectively revoked its acceptance of the goods in question based on their nonconformity with the type of goods ordered by the defendant. Accordingly, we will deny...

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