Klein-Messner Co. v. Fair Waist & Dress Co.

The plaintiff having obtained a judgment for goods sold and delivered, the defendant urges upon this appeal that it appears upon the face of certain exhibits introduced by the plaintiff that the right to the purchase price was assigned and payable to a third party, and hence there was no cause of action in the plaintiff.

At the trial the defendant duly moved for judgment dismissing the complaint upon the ground that the plaintiff’s proof showed that the plaintiff had assigned its claim to a third party and notified the defendant accordingly, with instructions to make payment to said third…