New Jersey School & Church Furniture Co. v. Board of Education

The opinion of the court was delivered by

Garrison, J.

The controversy in this case is over certain school desks manufactured for the defendant by the plaintiff. "When the desks were ready for delivery the defendant refused to accept them, because of delay in filling the order. This action for the contract price was thereupon brought.

At the close of the plaintiff’s testimony a nonsuit was directed by the trial court. The two grounds upon which *647this judgment was directed were that no proof for the measurement of the damages had been offered and that the delay of the plaintiff had released the…