Citation Numbers: 99 A.D. 273, 90 N.Y.S. 939
Judges: Ingraham
Filed Date: 7/1/1904
Status: Precedential
Modified Date: 1/13/2023
The action is for goods sold and delivered. The answer is a general denial, and for a separate defense and a counterclaim it alleges a contract by which the plaintiffs promised to sell the defendant three carloads of goods ; that plaintiffs delivered one carload, but failed to deliver the remainder, and demands an affirmative judgment against the plaintiffs.
The plaintiffs are residents of the county of Hew York and the defendant a resident of the county of Hiagara. The contract was made in Hiagara county and was to be there performed, and this
It follows that the order appealed from must be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs.
Yaw Brunt, P. J., Patterson, Hatch and Laughlin, JJ. concurred.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.