Klein v. D'Ambrose

Judgment unanimously affirmed, with costs. The proposition of the instrument being under seal was not presented to the trial court, and the entire theory upon which the case was tried was that the defendant’s husband was without authority to act as her agent. We do not feel called upon, therefore, to determine the effect of the seal on the contract of sale here involved. Present — -Kelly, P. J., Rich, Manning, Young and Kapper, JJ.