Janeway & Carpender v. Long Beach Paper & Paint Co.

SHAW, C. J.

The appeal is from a judgment in favor of the plaintiff upon the pleadings.

The complaint was in three counts. The first count alleged that on September 10, 1919, defendant made, executed and delivered to plaintiff its contract for goods, at the prices therein named, amounting to $6,190.98; that goods of that value were sold and delivered to defendant at

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plaintiff’s mill in New Jersey and were accepted by defendant.

The second count alleges that on October 18, 1919, the defendant made, executed and delivered its contract for goods to the plaintiff at prices therein named, amounting to $426; that goods of that value were sold and delivered to

plaintiff

at plaintiff’s mill in New Jersey, which were accepted by the defendant.

The third count alleges that on April 25, 1920, the defendant made, executed and delivered to plaintiff its contract for goods at prices therein named, amounting to

$4,580.36;

that goods of that value were sold and delivered to defendant from plaintiff’s mill in New Jersey and were accepted by defendant. In paragraph 18 of the third cause of action plaintiff alleges that by several transactions set forth therein the sum of $4,605.56 was paid by defendant on said three contracts, leaving $6,443.89 due thereon, and plaintiff alleges that the latter sum has not been paid nor any part thereof.

The answer denied that on September 10, 1919, or at any other time, or at all, defendant made, executed and delivered to plaintiff its contract for goods at prices therein named amounting to $6,390.88, or any other sum, or that goods of that value, or any other sum, were sold or delivered to defendant at plaintiff’s mill in New Jersey, or were accepted by him; denied that on October 18, 1919, or at any other time, or at all, defendant made, executed and delivered its contract for goods at prices therein named, amounting to $426, or that goods of that value, or any other sum, were sold and delivered to defendant from plaintiff’s mill in New Jersey, and denies that said goods were accepted by defendant; denies that on April 25, 1920, the defendant made, executed and delivered to plaintiff its certain contract, or any contract, for goods at prices therein named amounting to $4,580.36, or any other sum, or at all, or that said goods of that value, or of any other sum, were sold and delivered to defendant from plaintiff’s mill in New Jersey, or were accepted by defendant. Defendant further denies that said sum of $6,190.88, or that said sum of $4,580.36, has not been paid, or that said sum of $436, or any part thereof, has not been paid, excepting as set forth in paragraph 18 of the third cause of action.