MALLERY, J.
The plaintiff brought this action against the defendant for damages arising out of the breach of an oral contract made on November 17, 1955, under the terms of which the defendant agreed to sell, and the plaintiff agreed to buy, seven thousand long tons of used railway rails at $78.50 a ton.
From a judgment for the plaintiff, the defendant appeals. The plaintiff cross-appeals, but will nevertheless be referred to as the respondent.
The...
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