Hyman v. Hullman

McAvoy, J.:

The complaint was dismissed in this action because the court apparently thought that the plaintiffs had not performed the contract. The suit was for a balance due after a resale on defendant’s failure to take and pay for merchandise consisting of furniture. The contract for the purchase of this furniture provided that it was to be resold to the defendant at fifteen per cent above the price as billed to the sellers f. o. b. factory. The payment was to be made by the buyers on a bill of lading. The goods were shipped according to the terms of the order, and an unindorsed bill of…