Merrill

In this action for damages for breach of contract the plaintiff upon the verdict of a jury recovered a judgment against the defendant in the sum of three thousand dollars, from which and from an order denying a new trial the defendant has appealed.

The plaintiff’s complaint purported to state a cause of action in two counts,—-one upon an oral contract and the other upon a written contract. The first count in substance alleged that in the month of May or July, 1907, the defendant at Jersey City, state of New Jersey, entered into a contract with Harriett S. Hall, plaintiff’s testatrix, a memorandum of which was signed and delivered to her on the tenth day of July, 1907, by the defendant, whereby it was agreed that she would sell to the defendant one thousand two hundred dozen pairs of gloves of a quality known as the 2074 M. C., at the rate of $9.50 per dozen, to be delivered each month commencing with the month of December, 1907; that the gloves were to be manufactured by said Harriett S. Hall upon receiving from the defendant, a sufficient length of time in advance of the manufacture to enable her to comply with the desires of the defendant, specifications designating the sizes…