Lightbody v. Russell

Plaintiffs are copartners, engaged in New Bochelle, N. ¥., under the firm name and style of Lightbody Brothers, in the business of the moving and storage of personal property. In their complaint they allege “ that heretofore and on or about the 18th day of May, 1943, the defendant sold to plaintiffs and the plaintiffs purchased of the defendant, at Huntington, Long Island, New York, one Mack Tractor, 1938, Model E. J., Serial #E. J. ID H 1035, Motor #898, for use by these plaintiffs as the ultimate consumer ” and that defendant delivered the second-hand tractor to them upon the receipt of the…