Harvey

The complaint in this action in substance alleges, that at the time therein stated plaintiff’s assignor, the *402 A. A. Griffing Iron Company, a Hew Jersey corporation, manufactured for defendants, at their special instance and request, certain standard hot water radiators of the sizes described, and were ready and willing to ship and deliver the same at the agreed price of $909.72; that after the manufacture thereof defendants notified the corporation not to ship or deliver the goods, as they would not accept or pay for them or for any part thereof, and that they have not paid the whole or any part of said sum; that afterwards, upon due notice to the defendants by the corporation, it resold the goods at public auction to the highest bona fide bidder, and that the net proceeds of such sale was $13.25.

The answer specifically denies the allegations of the complaint, except the allegation of notice not to ship or deliver the goods, which is admitted, with the averment that the notice was given before the corporation informed or notified the defendants that it intended to or would manufacture the same, and that said notice was given before and not subsequent to such…