Levinson

Action to recover the balance of the purchase price of certain Russian rubles which the plaintiff’s assignor sold to the defendant. The complaint alleged the entering into of a written agreement between the defendant and the plaintiff’s assignor on the fourteenth day of February, 1918, wherein the plaintiff’s assignor agreed to sell and the defendant agreed to purchase 40,000 Russian rubles at the sum of fifteen cents per ruble, payable in installments of $100 or more until the entire amount of the $6,000 was paid, the agreement providing that payment should not cover a period in excess of two years; that the defendant then and there paid a deposit of $250 on account of the purchase price, said sum to apply on the last installment; that plaintiff’s assignor had delivered 4,000 rubles under the contract between the dates of February and June, 1918, and received therefor the sum of $600. It is then charged that defendant thereafter refused to accept and pay for the remaining 36,000 rubles at the rate stipulated, less the deposit of $250; that plaintiff’s assignor had upon various occasions offered and tendered to defendant the 36,000 rubles and demanded the balance of the purchase…