H. Jolsen's Taendstikfabrikker Enebak and Byrn, Respondents, v. Horace K. Thurber et al. Appellants

H. Jolsen’s Taendstikfabrikker Enebak and Byrn, Respondents, v. Horace K. Thurber et al. Appellants. (Argued January 16, 1890; decided February 25, 1890.) Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 20, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged breach of a contract to purchase all of the matches plaintiff could manufacture and ship in eight months following receipt of order. At the close of the evidence defendants moved for a dismissal of the complaint on the ground, among others, that no such contract as alleged had been proved. The motion was denied. The court here, after a full examination and discussion of the evidence, reach the conclusion that the motion should have been granted. E. More for appellants. August Reymert for respondents. [MAJORITY — Brown, J.,] Brown, J., reads for reversal and new trial. All concur, Potter and Bradley, JJ., in result. Judgment reversed.