Schnoll v. Dutt

The opinion of the court was delivered by

Perskie, J.

This is a contract case. Plaintiffs have a judgment in the amount of $353.73 arising out of a suit for breach of contract tried in the Second District Court of the City of Newark, without a jury. Defendants have appealed from that judgment upon the grounds that the contract upon which the action was predicated was illegal, illusory, and indefinite, and upon the further ground that there was a variance between the cause of action pleaded and proved.

The state of demand alleged that defendants sold to plaintiffs two loads of colored fowl of…