Goodman Bros. v. Ashton

McAvoy, J.:

A motion was made in this case under rule 106 of the Rules of Civil Practice to dismiss the amended complaint because it did not contain facts sufficient to constitute a cause of action. The Special Term denied the motion.

The amended complaint upon which plaintiff must now rest shows that in April, 1923, plaintiff entered into a contract of sale with defendant as agent for Rayner, Heusser & Co., of Shanghai, China, under which the latter sold to plaintiff and plaintiff bought from them certain weasel skins upon the terms and prices which are set forth in an exhibit attached to the…