Zanetti v. Malanga

The plaintiffs sold a quantity of eggs on September 21 and 24, 1958, for $1,490.78. The plaintiffs claim that the eggs were sold to the defendant. The defendant claims that the eggs were sold to one Tony Parra.

On September 26, 1958, the defendant drew his check in the sum of $1,490.78 payable to the plaintiffs and he delivered it to Parra on that date on the promise of the latter that he would give the defendant “ the sum of $1,490.78 in cash to cover the check on Monday morning, September 29th, 1958 ”. When the *863defendant did not receive that sum from Parra he stopped payment on the check…