Hagaman Manufacturing Corp. v. Rough-Wear Clothing Co.

Rough-Wear Clothing Co., Inc. (to be referred to herein as Rough-Wear), has appealed from two orders at the Fulton County Special Term of the Supreme Court, one of which denied its motion to dismiss the complaint of Hagaman Manufacturing Corporation (to be referred to herein as Hagaman) in the latter’s above-entitled Fulton County action for a declaratory judgment. The other order granted Hagaman’s motion for the consolidation of Rough-Wear’s action, brought in New York County, with the Fulton County action.

In May, 1953, Hagaman and Rough-Wear contracted for the sale and purchase of a…