Nussbaum v. Sobel

On October 4, 1944, Sam Sobel commenced an action against Frank J. Nussbaum and another, as copartners, for $11,415.48 damages for breach of a covenant granting plaintiff'the exclusive right to purchase certain merchandise and for further damages for various alleged breaches of warranty in connection with the sale of goods.

Thereafter, and on October 5, 1944, said Frank J. Nussbaum and his partner commenced suit against Sobel for $3,207.11 for goods sold and delivered.

In the latter action Sobel admitted his liability for the goods sold, except that he claimed an offset for $106.47. He pleaded…