M. Ufland & Co. v. McMahon

Plaintiff sued defendants in the City Court of Rochester to recover for goods sold and delivered. The answer (1) admitted non-payment and denied all other allegations; (2) alleged as a defense that plaintiff agreed to sell and defendants to purchase the goods, subject to the condition that plaintiff had not sold and would not sell goods of the same description to any other dealer in Rochester; that plaintiff breached the condition; that thereupon defendants refused to proceed, so notified plaintiff and returned the goods then remaining in their possession; (3) alleged the same facts by way of…