POPULAR HOME LUMBER CO., INC. v. ROBERTS


9 A.D.2d 593 (1959)

Popular Home Lumber Company, Inc., Doing Business as City Lumber Company, Appellant, v. Gilbert H. Roberts, Sr., Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

August 13, 1959


The answer contains general denials but it is clear from the factual averments of the moving and answering affidavits that the only controversy is as to certain roof decking invoiced at $839.04 which plaintiff concedes was not delivered but asserts was ordered by defendant and "held by plaintiff for delivery at some future date." There appears to be a factual issue with respect to this alleged transaction and perhaps a question as to the measure of damages if the transaction...

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