75 N.Y.S. 737 | N.Y. App. Div. | 1902
The complaint sets forth two causes of action to recover sums of money claimed to be due, (1) upon a contract to furnish the defendant corporation with steam power, and (2) the other upon a contract to furnish the defendant corporation with live steam. In the answer the defendant denied the allegations of the complaint to the effect that the plaintiffs bad performed these contracts on their part, and pleaded an agreement to arbitrate, payment and the Statute of Frauds. It also set up a counterclaim alleging that the plaintiffs had violated a supplemental agreement to furnish to the defendant a regular supply of live steam at a pressure and in quantity suitable for the defendant’s business. The plaintiffs claim