Reichbart v. Smith-Eisemann Corp. of America

McAvoy, J.:

This cause has been before this court heretofore on an appeal from an order denying the defendant’s motion for judgment on the pleadings. (See 199 App. Div. 571.) That order was reversed and judgment on the pleadings in favor of defendant granted. The *179plaintiff thereafter, pursuant to leave, served an amended complaint, and the cause was tried on the amended pleadings and judgment rendered for the plaintiff.

The amended complaint alleges the making of a written agreement between plaintiff’s intestate and the defendant for the purchase and sale of 15,000 French moleskins for the sum…