Heywood-Wakefield Co. v. Miner

DAVIS, Circuit Judge.

There are two actions here. Thomas W. Miner, a member of the Citizens’ Committee, died before he was served, and a new action, No. 4,204, was begun against the executor of his estate.

On January 27, 1926, the Heywood-Wakefield Company entered into a contract with the Greater Newark Baseball Club, Inc., for the sale of a specified number of chairs which were to bo installed at Davids Stadium, Newark, N. J. The total amount due for the chairs actually installed was $32,763.60 to be paid as follows: “15% cash with contract; 25% cash on shipment; balance in 9 equal monthly…