Opinion
September 24, 1943.
Appeal from Albany County.
The action is for damages resulting from a breach of a contract of sale by the defendants to the plaintiff of fifty living-room suites. The contract was made on August 17, 1942, and by the 4th of September, 1942, defendants had delivered twenty-one suites. They failed, however, to deliver the remaining twenty-nine. The complaint alleges special damage in the loss of profits from the expected resale of the suites and inability to purchase such goods elsewhere. The third paragraph of the answer stated that the defendants offered to the plaintiff the type of living-room furniture which the defendants were then permitted by law to manufacture. Order affirmed, with twenty-five dollars costs and disbursements. All concur.