Strachman v. Levy

Levy, J.:

This action was brought by the plaintiff to recover the sum of $699.51, the purchase price of three rolls of Bolivia cloth alleged to have been sold and delivered to the defendant. The delivery and the receipt of the merchandise were conceded to have occurred on October 24, 1923, at defendant’s place of business. Plaintiff admitted that the three pieces in question were tendered by the defendant to him for return on November 8, 1923, and that he refused at that time to take them back. The plaintiff relied on an oral contract. No note or memorandum was subscribed by the party to be…