Stamford Extract Mfg. Co. v. Oakes Mfg. Co.

HAND, Circuit Judge.

This was an action at law for goods sold and delivered. The answer denied the sale and the plaintiff’s title, and set up five counterclaims, among them one upon the breach of a contract of sale because of the plaintiff’s default, demanding a return of part of certain sums paid on account and damages. At the conclusion of the plaintiff’s evidence the court dismissed the complaint, and eventually took a verdict on the counterclaim.

The contract was in writing, and consisted of two letters, of which the substantial parts are as follows:

First, from the plaintiff to the…