Opinion
February 14, 1950.
Present — Peck, P.J., Dore, Cohn, Callahan and Shientag, JJ. [See post, p. 1067.]
We think the decision of this case should await fuller development of the facts at trial. The affidavits on the motion and cross motion for summary judgment do not disclose all the facts which might bear on the question of whether title to the goods passed to the buyer. One fact which may bear on the question, and which is not touched upon in the affidavits, is the arrangement between the parties for the payment of the freight. Judgment unanimously reversed and order modified to deny both motions for summary judgment, with printing costs and disbursements to appellant.