Boss Lingo Lines, Inc. v. Brady Enterprises, Inc.

unanimously reversed, on the law and facts, with costs, and counterclaim dismissed. Memorandum: Plaintiff Boss Lineo Lines, a motor vehicle common carrier, sued Brady Enterprises for transportation services rendered and defendant Brady Enterprises counterclaimed for damages caused by the carrier’s failure to deliver at the agreed time. No appeal was taken from that portion of the judgment which awarded plaintiff recovery on its claim. We conclude, however, that the trial court improperly awarded damages to defendant on its counterclaim. Brady Enterprises contracted with Boss Lineo on November…