Duralith Corp. v. Leonard

This is an appeal from an order of an appellate division dismissing a report of a trial judge who found for the plaintiff in an action for goods sold and delivered. The plaintiff claimed $360 as the price of one ton of “ Duralith,” “ a wall texturing ” composition at eighteen cents a pound, which, as appeared in evidence, had been shipped to the defendant upon an order taken by one of the plaintiff’s salesmen, had been received by the defendant, but had been returned upon receipt of an invoice stating the price at $360. The plaintiff refused to accept the return, and brought suit. The…