Majority
p. 937Alfred Shrimpton’s Sons, Limited, Resp’t, v. Abraham J. Dworsky, App’lt.
Headnote
Appeal from judgment entered on verdict of a jury in favor of the plaintiff.Francis B. Chedsey, for app’lt; George C. Coffin, for resp’t.
The trial judge intelligently submitted to the jury the question whether the goods delivered had been ordered by the defendant, and whether there was an acceptance of them sufficient to take the case out of the statute of frauds, and the jury found on both propositions in favor of the plaintiff.
The evidence sufficiently sustains the findings, and there being no merit in the exceptions, an affirmance, with costs, follows as of course.
Van Wyck, J., concurs.