New York Sash & Door Co. v. National House & Farms Ass'n

The opinion of the court was delivered by

Heher, J.

Plaintiff appeals from a judgment entered on a jury verdict for defendant on the complaint. The verdict was in favor of plaintiff on defendant’s counter-claim, but there is no appeal from the judgment thereon.

The complaint pleaded a contract in writing whereby defendant agreed to sell to plaintiff unused lumber and miscellaneous building materials which it had on hand, itemized as to eliaraeter and quantity in a schedule thereto annexed, for the price of $29,000; that, although the purchase price had been paid in full, defendant had refused to…