Rotberg v. M. S. & J. A. Workman, Inc.

O’Malley J.

(dissenting). The appeal herein brings up for review the propriety of an order denying for the second time an application by defendant for leave to serve an amended answer setting up an equitable counterclaim for the reformation of the contract sued upon.

The defendant through a broker sold to the plaintiffs’ firm, an undisclosed principal, a quantity of tanned Chinese dogskins at a price of six dollars and forty-nine cents per skin, plus actual duty, which, according to the broker’s notes, was to be paid by the defendant as seller for the account of the plaintiffs as buyers. The…