Ellenville Wood Novelty Co. v. Landau

This action is brought in this court by the buyer of certain quantities of lacquer to recover damages for alleged breach of warranty on the sale of the lacquer, and we have a motion here pursuant to subdivision 4 of rule 107 of the Rules of Civil Practice to dismiss the action upon the ground that it is barred by a judgment recovered by the sellers in a former action brought in the City Court of the City of New York to recover the purchase price of the lacquer. It appears that the buyer had also instituted a prior action against the sellers to recover damages for the alleged breach of…