Wallace, Burton & Davis Co. v. Bacon & Trubenbach, Inc.

Action for damages for breach of contract to deliver a certain quantity of canned peas at a specified price. Order granting motion of defendant-respondent for judgment on the pleadings under rule 112 of the Rules of Civil Practice, and the judgment entered thereon, and order directing entry of judgment dismissing complaint in favor of defendant-respondent and severing the action unanimously affirmed, with costs. No opinion. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.