Funk & Wagnalls Co. v. Stamm

The opinion of the court was delivered by

Bergen, J.

The defendant purchased from plaintiff a publication issued by it, consisting of twelve volumes, which were delivered and partial payments made until,' of the purchase price of $120, hut $10 remained unpaid, to recover which a suit was instituted in the Circuit. Court of the county of Passaic, where a jury was waived and the cause submitted upon an agreed state of facts, the result being a judgment for plaintiff, from which defendant appeals.

The defence pleaded, and upon which defendant relies, was that the contract was made in the State of.…