Ivans v. Laury

The opinion of the court was delivered by

Gummere, J.

The writ in this case brings up the record of a judgment recovered by Laury in the District Court of the city of Elizabeth, in an action on contract brought by him against Ivans & Company to recover damages alleged to *154have been sustained by him because of certain cement which he had purchased of Ivans & Company failed to “set” as it 'was expected.-

Laury was a contractor, and at the time of purchasing the cement was engaged in building a railroad station for the Central Railroad Company of New Jersey.- The prosecutors kept a supply yard, and…