Cohen v. James Millar Co.

The plaintiff in the first case, hereinafter called Cohen, brought on April 30, 1924, an action against James Millar Company, hereinafter referred to as Millar, to recover for Millar’s failure to manufacture for Cohen shoes according to sample. In the second action, brought October 16, 1924, Millar alleged a debt from Cohen of a balance of $28,941 for shoes sold and delivered. In the second count *60of Millar’s declaration he alleged together with other allegations that after the delivery of the shoes, he made an arbitration agreement in writing with Cohen under which the arbitrator decided that…