Delaware & Hudson Co. v. Franklin Railway Oil Co.

Parker, P. J.,

— We have for consideration an affidavit of defense to a counterclaim of the defendant raising questions of law.

The pleadings show with certainty that on February 10, 1925, the plaintiff and defendant entered into a written contract, whereby the defendant undertook to furnish the plaintiff lubricating and other oils for use upon plaintiff’s locomotives, passenger cars and freight lines. Under various extensions, the contract was continued until about June 1, 1928. The written contract sued on provided that part of the oil was to be delivered in iron and steel containers, and the…