Order reversed, with costs, motion for summary judgment granted, and matter remitted to Onondaga Trial Term for assessment of plaintiff's damages.
Memorandum:
Upon the pleadings and affidavits submitted on this motion by plaintiff for summary judgment it stands admitted that plaintiff ordered of defendant Empire Bituminous Products, Inc. (Empire) four barge loads of asphalt cement amounting to 2,491,000 gallons, the same to be placed by defendant in its storage...
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