Mignon v. Tuller Fabrics Corp.

Plaintiffs are dress manufacturers; defendant is a designer and jobber of dress fabrics. In January, 1953, the parties entered into two written contracts for the purchase and sale of fabrics. Plaintiffs sue for defendant’s failure to deliver a very substantial part of the goods; and defendant relies upon an indication by plaintiffs they would not take the goods as excusing further performance both as a defense and to support a counterclaim in the action. The court dismissed defendant’s counterclaim at the end of the proof as a matter of law, and submitted plaintiff’s cause to the jury. A…