Appellate Division of the Supreme Court of the State of New York January 16, 1920 (Hocking Valley Railway Co. v. Barbour)

Smith, J.:

The complaint alleges the sale by the plaintiff to the Central Locomotive and Car Works of certain gondola cars. It alleges that prior to that sale the plaintiff had entered into a contract with one Wardwell for the sale of 300 of said gondola cars. The two sales would leave about 50 cars belonging to the plaintiff unsold.