A. A. Levy Co. v. Columbia Overseas Corp.

Greenbaum, J.:

The pleadings and affidavits show that prior to bringing this action (which we will call action No. 2) an action had been brought by the plaintiff (to be called action No. 1) and that both actions arose out of the same contract. That contract was for the sale and delivery of certain goods known as striped webbings and ball-bearing fittings, to be shipped in three equal installments and which was supplemented by an additional order. The first installment had been delivered and paid for.

In action No. 1 plaintiff sued for the recovery of the price of the second installment as goods…