Wilbur-Dolson Silk Co. v. William Wallach Co.

Finch, J.:

The plaintiff moved for judgment under rule 113 of the Rules of Civil Practice and by stipulation of the parties the question to be determined arose upon the counterclaim asserted in the amended answer and the reply thereto. The City Court granted judgment for the plaintiff, which was reversed by the Appellate Term, one justice dissenting. (120 Misc. Rep. 340.) From such determination and order of the Appellate Term, plaintiff appeals by permission of that court.

The action was brought to recover the agreed price of certain twisted silk sold and delivered to defendant pursuant to a…