Clavan v. Herman

Opinion by

Mr. Justice Frazer,

Plaintiff sued to recover the purchase price of three hundred dozen pairs of men’s hose, being the balance of an order for one thousand dozen, seven hundred of which had been delivered, accepted and paid for by defendants. The jury found for plaintiff for the full amount claimed, the court however subsequently entered judgment for defendants non obstante veredicto on the ground that plaintiff failed to perform his part by making or tendering delivery of the goods and that his remedy, if any, was not to recover the purchase price, but for damages for breach of…