Garrison v. Salkind

Opinion by

Mr. Justice Schaffer,

Plaintiff brought this action to recover $2,333.42, representing the price of paints sold and delivered to defendant. The court gave binding instructions for plaintiff and defendant has appealed.

The controversy grows out of a contract in writing between defendant and plaintiff in which the former agreed to furnish the labor and materials for the painting to be done on certain iron and steel structures on various roadways of the New York Municipal Railway Corporation. The contract price was $45,350. Under the contract it was required that the defendant should…