Burgess v. House
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Everett House, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of ÍSÍew York on the 17th day of December, 1899, upon an order made at the Hew- York Special Term, and entered in said clerk’s office on the 6th day of December, 1899, granting the plaintiff’s motion for judgment upon the pleadings, with notice of an intention to bring up for review upon such appeal the said order.
1Opinion of the Court
Barrett, J.:
The complaint sets forth a cause of action for goods sold and delivered. The answer is, first, a general denial; second, a counterclaim. This counterclaim relates to a contract for the purchase by the defendant from the plaintiff of the precise quantity and character of goods specified in the complaint — at the same time and for the same price. The averment on that head is, that the plaintiff agreed not to sell similar goods to others at a less price than that agreed- to be paid by the defendant, and that in violation of this *384agreement the plaintiff did sell similar goods at a…
2Cited by1 opinion
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