Wasserman v. Broadalbin Knitting Co.

In this action plaintiffs are seeking to recover damages sustained by them because of the alleged failure of defendant to deliver merchandise under a written contract of purchase and sale. Defendant denies that it breached its contract and pleads a counterclaim against plaintiffs because of their failure to comply with the contract. The Trial Judge dismissed the claims of both parties and from that determination both have come to this court.

The facts in this case are not in dispute. The principal ones appear in the dissenting opinion and need not be repeated here.

Leibner and Friedman had…