Appellate Division of the Supreme Court of the State of New York April 9, 1897 (Klein v. Long)

INGRAHAM, J.

This action came on for trial at a trial term-before a jury. The counsel for the defendant, before any evidence-*614was introduced, moved to dismiss the complaint on the ground that it did not state facts sufficient to constitute a cause of action, in that it did not allege a request by the defendant for the sale of the goods.