Coles v. Saitta

This is a motion to set aside a verdict had before a jury and returned in favor of the defendant. The action was brought upon an order given to the plaintiff and addressed to the defendant as follows:

“ P. W. Saitta, 248 Broadway, N. Y.

“ Dear Sir.— Please pay to Coles & Co. from the proceeds of sales of my fruit $775.00 and charge same to my account. This is as per agreement between you and Mr. Montague, of Coles & Co.

(Signed) Joseph H. Tihaglia.

“ P. S.— The above covering the amount of my purchase of 5,000 orange boxes with straps' from Coles & Co.”

Tinaglia, who signed the order, was an…