Opinion
April, 1900
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 plaintiffs to the defendants. The defendants denied the sale; insisted that the goods were sample goods, and delivered as such pursuant to agreement. The defendants tendered a return of same which plaintiffs refused to accept. This was the question of fact litigated in the court below, and as the judgment rendered for the defendants is amply sustained by the evidence, it should be affirmed.
Present: BEEKMAN, P.J., GIEGERICH and O'GORMAN, JJ.
Judgment affirmed, with costs.