Boas v. Thatcher Car & Construction Co.

The action was upon the written contract of the parties. It was made May 5, 1893. The plaintiff agreed to make and deliver to the defendant certain goods, “and to complete them within three weeks’ time.” The defendant agreed to pay for them a stipulated price, and there is no dispute here as to the amount. On the trial the learned judge dismissed the complaint under plaintiff’s exception, and ordered the exceptions taken by plaintiff to be heard in first instance at the general term. The counsel for the parties here argue that the complaint was dismissed solely upon the ground that it…