FAIRBANKS CO. v. SIMPLEX SUPPLY CO., INC.


126 A.D.2d 882 (1987)

Fairbanks Company, Respondent, v. Simplex Supply Company, Inc., Appellant

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

January 22, 1987


Mikoll, J.

Plaintiff sued defendant for moneys due for the sale of goods delivered and retained by defendant. The complaint demanded $10,190.21 plus interest. Defendant interposed a verified answer in which it alleged that plaintiff solicited defendant to become a distributor for plaintiff and then discontinued the manufacture of goods delivered to defendant, causing demand for those goods to fall and reducing their value to scrap. Defendant sought credit...

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