Bardach Iron & Steel Co. v. Tenenbaum

This is a proceeding by motion to recover damages, presumably for the failure of the defendant to accept and pay for goods purchased of the plaintiff. We say presumably, because the notice does not so state, though the evidence tends to sustain a claim of that nature. The action was commenced in the name of the Chatham Iron and Metal Company, Inc., but pending the proceeding, S. Tenenbaum, the defendant in error, was substituted as plaintiff. The notice was as follows:

“To Bardach Iron and Steel Company, Inc., a corporation:

“Take notice that the undersigned, Chatham Iron and Metal Company,…