Horowitz v. Butler Mill, Inc.

AUGUSTUS N. HAND, Circuit Judge.

This is an action at law to recover damages for a broach of contract. The complaint alleges that the plaintiff and defendant entered into an agreement for the sale by plaintiff to defendant of certain merchandise at the agreed price of $5,615.10, that, pursuant to the agreement, the plaintiff sold and delivered tho merchandise, and that no part of the purchase price has been paid, though duly demanded. A copy of the agreement annexed to tho complaint provided for the sale of “7,000 lbs. 100 Denier Cupraamonium Yarn as had.” The price specified was 85 cents per…