Appellate Division of the Supreme Court of the State of New York January 13, 1926 (M. Ufland & Co. v. McMahon)

Crouch, J.

Plaintiff sued defendants in the City Court of Rochester to recover for goods sold and delivered. The answer (1) admitted non-payment and denied all other allegations; (2) alleged as a defense that plaintiff agreed to sell and defendants to purchase the goods, subject to the condition that plaintiff had not sold and would not sell goods of the same description to any other dealer in