Swift Agricultural Chemicals Corp. v. Muller

Judgment unanimously modified, on the law and facts, without costs, by striking the award of *757damages, and otherwise affirmed, and matter remitted to Supreme Court, Livingston County for an assessment of damages only. Memorandum: Defendant appeals from a judgment, entered upon a nonjury trial, awarding plaintiff money damages for goods sold and delivered, services rendered and a finance charge, as stated upon plaintiff’s invoices, from date of the invoices to April 16, 1979, and including interest from the latter date to the date of the judgment. The goods were two fertilizers, 63V2 tons of…