Varagnolo v. Partola Manufacturing Co.

McAvoy, J.:

Most of the facts in this case were stipulated, the only oral testimony in the case being chiefly directed to the market price of caustic soda in New York from June to October, 1917. There were two causes of action, but only one survives, the second, in which suit was brought to recover $200,000 damages said to' have been suffered by plaintiff because defendant failed to ship merchandise after repeated demand for such shipment under a contract in which defendant sold to plaintiff 1,000 . tons of American caustic soda at $26.50 per 100 kilos, and agreed to pay freight and insurance,…