Jerry & Herbert Lehmann, Inc. v. Turtle Bros.

The defendant moves under section 324 of the Civil Practice Act for the privilege of subjecting to tests shoes in the possession of the plaintiff, and which were made of linen material supplied to the plaintiff by the defendant. The issue in litigation is whether or not the material was fit for the purpose purchased. The plaintiff insists that the power “ to make discovery of any article or property * * * relating to the merits of the action, or of the defense therein ” (Civ. Prac. Act, § 324), does not permit or contemplate such tests as are here sought. (Beauty Silk Mfg. Co., Inc., v.…