Marx v. Gross

Sedgwick, Oh. J.

The action was for damages for the nondelivery of goods agreed by defendants to be delivered to plaintiff.

The learned counsel for the appellants have argued on the appeal certain questions which were not presented on the trial and did not occasion any exception to the rulings of the referee. These were the effect of the Statute of Frauds in the case and whether the principal amount if due, assuming the damages to be unliquidated, bore interest, and also as of what time the damages were to be computed.

I am of opinion that the allegation of the complaint of the contract not…