Oswald MacH. Co. v. Farnsworth Ebert

Opinion by

Baldrige, J.,

The plaintiff brought this action in assumpsit for a breach of contract against John Farnsworth and Carl Ebert, as former partners trading under the name of John Farnsworth Associated.

It appears from the evidence that a written contract was eiitered into on February 14, 1925, whereby the plaintiff was to manufacture punches, dies, tools, fixtures and 20,000 locks used in printing presses. The plaintiff received $1,288.33 on account, $1,090 of which was paid for the dies, etc., and the remaining sum for the locks, which, admittedly, were delivered before the contract was…