Aiken Mills, Inc. v. Boss Mfg. Co.

L. HAND, Circuit Judge.

The plaintiff sued the defendant at law for the price of certain parcels of Canton flannels manufactured by it and in its warehouses. The complaint alleged as a first cause of action that part of the goods had been delivered. As a second it alleged that the contract of sale intended to cover a specific lot of goods in a deliverable state stored at the plaintiff’s mills when the contract was made, and that the goods had been set apart and marked by tbe plaintiff for the defendant, and appropriated to the contract with the defendant’s assent. Only the allegation that the…