Appellate Terms of the Supreme Court of New York June 5, 1908 (Prinzi v. Cataldo)

PER CURIAM.

The action was brought to recover for sales of macaroni made by plaintiff to defendant. The defense was payment; the answer admitting the sales, but pleading payment, and averring that there were three separate sales, instead of two, as alleged in the complaint. The bill of particulars showed three sales.

The defendant produced two checks and two receipted bills.