Bernstein v. Lamkay — 64 N.Y.S. 1132

Majority

p. 1132

BERNSTEIN et al., Appellants, v. LAMKAY et al., Respondents.

(Supreme Court, Appellate Term.

April 16, 1900.)

Headnote

Action by Samuel Bernstein and another against Jacob Lamkay and another. Prom a judgment in favor of defendants, plaintiffs appeal.

Affirmed.

Leon Sanders, for appellants. Charles C. Levenson, for respondents.

This action was brought to recover the purchase price of certain goods alleged to have been sold by the plaintiff to the defendant. The defendant denied the sale, insisting that the goods were sample goods, and delivered as such pursuant to agreement. The defendant tendered a return of same, which plaintiff refused to accept. This was the question of fact litigated in the court below, and, as the judgment rendered for the defendant is amply sustained by the evidence, it should be affirmed. Judgment affirmed, with costs.