New York Court of Appeals June 20, 1872 (Heinemann v. . Heard)

Rapailo, J.

In so far as the plaintiffs’ cause of action is founded upon the failure of the defendants to fill the plaintiffs’ order for teas, we concur in the opinion of the court below that a case was not made out, sufficient to have been submitted to the jury. The original order was for Oolongs; but it appears that these could not have been purchased at the plaintiffs’ limits.