Edwin F. Guth Co. v. Gurland

The plaintiff brings this action to recover for goods alleged to have been sold to the defendant but delivered to one Theodore Chrisomalis, whose connection with the defendant does not appear. In accordance with section 255-a of the Civil Practice Act a schedule of the goods is annexed to the complaint. The defendant by his answer denies the allegations of paragraph second of the complaint, which alleges a sale of the goods to him, but he does not sufficiently deny the allegations of paragraph fourth, which, by reference to the schedule annexed to the complaint, sets forth the items of the…