Full text
Joseph Scharf and Benjamin Axelrod v. Jacob Glasser and Leo Weinstein
Judgment reversed on the law and a new trial granted, with costs to abide the event. It was error to exclude the evidence, offered by defendants, that the plaintiffs had failed to perform their contract, in that the goods manufactured were not in accordance with the sample, and were not tendered for delivery in time. (Dickinson v. Tysen, 209 N. Y. 395, 401; New York & N. H. Sprinkler Co. v. Andrews, 38 App. Div. 56.) Blackmar, P. J., Rich, Kelly, Jaycox and Young, JJ., concur.