49 A.D. 383 | N.Y. App. Div. | 1900
The complaint sets forth a cause of action for goods sold and delivered. The answer is, first, a general denial; second, a counterclaim. This counterclaim relates to a contract for the purchase by the defendant from the plaintiff of the precise quantity and character of goods specified in the complaint — at the same time and for the same price. The averment on that head is, that the plaintiff agreed not to sell similar goods to others at a less price than that agreed- to be paid by the defendant, and that in violation of this
The judgment must, therefore, be reversed, with costs to the appellant.
Van Brunt, P. J., Rumsey, O’Brien and Ingraham, JJ., concurred.
Judgment reversed, with costs to appellant.