Appellate Terms of the Supreme Court of New York January 15, 1899 (American Grocery Co. v. Pirkl)

Beekman, P. J.

The pleadings in this action are in writing. The plaintiff alleges that it purchased from the defendant two iron grates of a certain kind,' for which it paid him the sum of $250; that the defendant failed to furnish grates of the kind specified, and that a demand was'thereafter made upon the defendant for the performance of the contract or that the amount which had been so paid by