Lowenstern Bros. v. Marks Credit Clothing, Inc.

This is an action at law in a first class municipal court case which was instituted by Lowenstern Brothers, Incorporated, as plaintiff against Marks Credit Clothing, Incorporated, as defendant, for breach of contract. The court at the request of plaintiff entered a summary judgment in favor of the plaintiff and against the defendant in the sum of $822.30 and no costs, and this is an appeal by the defendant from that judgment.

From the facts it appears that on March 21, 1941 the defendant in writing contracted with the plaintiff for the sale to the defendant of 250 58-piece baby layette sets at…