City of New York Municipal Court April 19, 1948 (Runge v. Spitzer)

Coleman, J.

This is a suit by plaintiff seller to recover the balance said to be due for machinery which it had sold the defendant. The plaintiff is met with the defense that the amount which was paid was the full amount due and the question is whether the agreed purchase price was to include the cost of packing and crating for export. If the plaintiff was to assume this cost, no balance is due.