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FISCHETTO PAPER MILL SUPPLY, INC. v. QUIGLEY CO., INC.

3 N.J. 149 (1949)

69 A.2d 318

FISCHETTO PAPER MILL SUPPLY, INC., PLAINTIFF-APPELLANT, v. QUIGLEY CO., INC., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided November 21, 1949.

Attorney(s) appearing for the Case

Mr. Thomas J. Brogan argued the cause for appellant (Mr. Stephen Mongiello, attorney).

Mr. Mark Townsend argued the cause for respondent (Messrs. Townsend & Doyle, attorneys).

The opinion of the court was delivered by WACHENFELD, J.

The appellant sued for the purchase price of certain merchandise delivered, to wit, waste paper. Delivery was admitted but the respondent disputed the quantity received and the amount due. The issue so framed was decided by the jury and is not before us at this time.

The appeal concerns the issues arising out of a counterclaim filed by the respondent in which...

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