Desbergers Ltd. v. Lincoln Laboratories, Inc.

Plaintiff, Desbergers, Limited, a Canadian corporation, obtained a judgment in its favor on the pleadings and against the defendant-appellant, Lincoln Laboratories, Incorporated, a corporation for $6,602.40.

The unverified complaint alleged and the unverified answer admitted that about August 30,1948, defendant gave plaintiff a written order for one million oestrilin tablets at the price of $6 per thousand F.O.B. Montreal, Canada; that by such order defendant agreed to pay two-thirds of the purchase price on delivery and the balance when confirmatory assays were completed; that one million of…