Wolff v. Cohen

Bijur, J.:

This action was brought to recover damages for defendants’ failure to accept goods sold to them under an oral contract of sale at three dollars and ninety-seven and one-half cents a yard. The agreement was made on March 15, 1923. Plaintiffs’ contention *165was that the date of delivery was April or May. Defendants claimed that deliveries were limited to not later than April fifteenth. Defendants canceled the order in writing on April twenty-sixth because of failure of delivery.

It is clear from the course of the trial, and particularly from the charge, to which no exception was taken,…