L. B. Foster Co. v. Fox

A verdict was directed at the trial in the City Court in favor of the plaintiff in the sum of over SI,400. At the Appellate Term this judgment was reversed and the complaint dismissed.

The action was brought upon a written contract for the sale by the plaintiff to the defendant of 750 pairs of car replacers or rerailers as they are indifferently termed. These devices are used to replace upon a railroad track a locomotive or car which has become derailed. They are, therefore, not in common use and not readily capable of resale in any market. The contract provided that the *434replacers were to have…