Fairchild Camera & Instrument Corp. v. Barletta

Judgment rendered for plaintiff following nonjury trial unanimously reversed, on the law and the facts, with costs and disbursements to abide the event, and new trial directed in the interests of justice. Under the agreements of the parties, the testing of the television station relay equipment, including a satisfactory performance thereof on such testing in accordance with the agreed specifications, was *535a condition precedent to liability for the alleged balance owing to Du Mont. The pleadings, if not adequate in their statements, must be considered amended to present the issues relating to…