Powell v. Melrose Milk Co. , 246 A.D. 706 ( 1935 )

Action to recover a balance due for milk products sold to the defendant. Judgment dismissing the complaint upon the merits unanimously reversed and a new trial ordered, with costs to the appellants to abide the event. The uncontradieted testimony and admissions of defendant establish that plaintiff is entitled to recovery for the goods admittedly delivered and not paid for. Present — Martin, P. J., Merrell, Townley, Glennon and Untermyer, JJ.