Elias Sayour & Co. v. J. P. Stevens & Co.

The pleadings in this case were abandoned at a pretrial conference. The action is submitted for determination principally upon a stipulation as to facts supplemented by some documentary proof and oral testimony. It is conceded that the action is for money had and received, and, in addition to a general denial, the defenses are such as would be available upon the cause of action asserted.

The facts as found, based upon the stipulation and the proof, are briefly as follows: On January 30, 1952, the defendant as seller and the plaintiff as purchaser entered into a written contract for the…