Peskin

Action to recover money allegedly due on accounts receivable or, in the alternative, to recover damages for fraudulently inducing plaintiff to purchase the accounts. In a nonjury trial, judgment was for plaintiff for part of the amount claimed. Defendant appeals from the judgment; and contends that evidence was insufficient to support the findings as to liability, and that the court erred in not making findings on certain issues.

Plaintiff appeals from the portion of the judgment which awards plaintiff only $5,433.88;. and he contends that the judgment should have included an additional amount of $2,708.55 (the amount of two additional invoices).

Plaintiff, Joseph Peskin, who was doing business as the Aetna Factors Company, was in the business of purchasing accounts receivable. On March 4, 1954, plaintiff and M. E. Wright Lumber Company (a partnership) entered into a contract whereby plaintiff agreed to “buy at the net face amount of invoices all accounts receivable created by its [Wright’s] sales’’ of lumber. Defendant Archie M. Halladay, who was doing business as United Lumber Company (a partnership), was a customer of Wright Lumber Company. Halladay will be referred to as the…