Starr Jobbing House v. May Hosiery Mills

The May Hosiery Mills, a corporation, sues the Starr Jobbing House, a partnership,' for damages for breach of a contract of sale of 200 dozen hose sold by plaintiff to the defendants, which defendants refused to accept and pay for according to the contract. There was judgment for the plaintiff, and the defendant appeals.

The first three counts in the complaint are the common counts. Demurrers were overruled by the court to count 5, which is assigned as error by the defendant.

Count 5 avers that plaintiff and defendants made a written contract in January, 1920, by which plaintiff was to sell and…