New York Supreme Court May 17, 1944 (Naus Trimming Co. v. Lubars)

Eder, J.

Motion to dismiss first cause of action denied. Concededly, the plaintiff placed a written order with the defendant, dated May 1, 1942, for 400 gross of buttons, style 362; the order was delivered and paid for. This written order contained the following: “ Confined to us [plaintiff] for a period of (3) Three months from the date of delivery of the above.