Kessler v. A. W. Haile Motor Co.

Plaintiff sues to recover damages for the breach of a contract existing, as he claims, between him and the defendant. The defendant denies liability on the ground it is not a party to the contract and that there is no privity of contract between the plaintiff and defendant. The case was tried before the court and a jury. At the close of the evidence it was stipulated that the jury be discharged, and the questions of law and fact be determined by the court.

The defendant is a domestic corporation organized under the laws of this State, having its place of business in the city of Buffalo, *414N. Y.,…