J. R. Melcher, Inc. v. Graziano

McAvoy, J.:

This action was commenced to recover for goods sold and delivered by plaintiff to defendants. There is no dispute concerning the plaintiff’s claim, and the sole question is whether or not defendants’ counterclaim is sustained by the affidavits and pleadings.

The defendants are manufacturers of barrels. On October 11, 1922, the plaintiff offered by letter to sell to the defendants .25,000 or 30,000 staves known as whisky seconds, at fourteen cents each, c. i. f., Genoa, Italy. The staves were described as staves containing “ no culls * * * and are of the usual grade of whisky seconds…