Dorfman v. Werthan Bag & Burlap Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Isaac Dorfman and others against the Werthan^Bag & Burlap Company and others. Judgment for plaintiff, and defendant appeals. Reversed and remanded.
1Opinion of the CourtPhilbin, J.
This is an action for a balance alleged to be due for goods sold and delivered by the plaintiffs to the defendant. It was discontinued prior to the trial as to' all the defendants, except the *799Werthan Bag & Burlap Company. The complaint was oral. The answer was in writing, and after making a general denial set up a counterclaim for $150 because of an alleged breach oC contract in that the plaintiff failed to deliver 15,000 bags. The quantity called for by the contract was 40,000 bags, and only 25,000 were delivered. The defendant conceded that the merchandise delivered aggregated $1,416.85, of…
2Cases cited1 opinion
- Kirshman v. Crawford-Plummer Co.Appellate Division of the Supreme Court of the State of New York · 1914