Hill & MacMillan, Inc. v. Taylor

Opinion by

Me. Justice Maxey,

The plaintiff, a corporation, brought suit against the defendants, a copartnership, for failure to pay the plaintiff the sum, $2,190, stipulated in a written contract to be paid upon the delivery by plaintiff to the defendants of one six-ton H. M. gasoline locomotive of the size, character and specifications set forth in the contract. The jury found for the defendant, but the court entered judgment n. o. v. for the plaintiff in the sum of $2,620.33, with interest from the date of the verdict.

The defendants admit that, pursuant to the contract in suit, plaintiff…