Jackson v. Bulifant — 72 N.Y.S. 1108

Majority

p. 1108

JACKSON, Appellant, v. BULIFANT et al., Respondents.

(Supreme Court, Appellate Term.

June, 1901.)

Headnote

Action by Joseph L. Jackson against Joseph Bulifant and others.

Howard Ellis, for appellant. Vincent Rosemon, for respondents.

All of the sales, except those to Worth & Co. and Lewis Marks, were evidenced by written sales notes drawn by plaintiff himself. From these sales notes it appears that the so-called sales were conditional upon the buyer’s approval of the goods. They did not approve them, and consequently no sale was effected. The plaintiff earned no commissions upon these transactions. As to the Worth and Marks items, the evidence was conflicting, and we see no reason to disturb the finding of the justice. Judgment affirmed, with costs.