City of New York Municipal Court July 15, 1900 (Cassidy v. Spingarn)

Conlan, J.

This action was brought upon an alleged contract for the purchase of seventeen bales of a certain brand of tobacco, of which two were received and paid for.

*753It is claimed by the plaintiffs that they had an option on the balance of fifteen bales for one week, which they exercised within the period, but the defendant failed to comply therewith.