Meyer

Action for goods sold and delivered, and also for damages.

Plaintiff and defendant entered into an agreement whereby plaintiff agreed to sell and defendant agreed to purchase forty-eight pieces of cloth known' as velour, at the agreed price of four dollars and seventeen and one-half cents a yard for each yard contained in the forty-eight pieces; and also forty pieces of broadcloth at the agreed price of four dollars and twelve and one-half cents for each yard contained therein. In pursuance of this agreement plaintiff alleges that he delivered to defendant and defendant accepted as part of the goods so contracted for thirty pieces of velour containing l,-598% yards, and four pieces of broadcloth containing 230% yards. The purchase price of the portion so delivered amounted to the sum of $7,626.64, and defendant paid on account thereof the sum of $3,000, leaving a balance due of the sum of _ $4,626.64. This amount is sought to be recovered by the first count of the complaint.

By a second count plaintiff alleges that thereafter he offered to deliver to defendant under the terms of the contract an additional amount of five pieces of velour, containing 299"% yards, and also five…