Inman v. F. N. Burt Co. — 195 N.Y. 558

Majority

p. 558

Horace Inman et al., Appellants, v. F. N. Burt Company, Respondent.

Headnote

Inman v. Bart Company, 124 App. Div. 73 , affirmed.

(Argued April 9, 1909;

decided April 27, 1909.)

Appeal from a order of the Appellate Division of the Supreme Court in the third judicial department, entered

p. 559

April 3, 190S, which reversed a judgment in favor of plaintiffs entered upon a verdict and an order denying a motion for a new trial and granted a new trial in an action to recover the purchase price of a certain machine alleged to have been sold and delivered.

Gharles O. Ilardies and Henry V. Borst for appellants.

Wallace Thayer for respondent.

Order affirmed and judgment absolute ordered against appellants on the stipulation, with costs in all courts, on opinion below.

Concur: Cullen, Cli. J., Gray, Edward T. Bartlett, Willard Bartlett, Hisoook and Chase, JJ. Not sitting: Werner, J.