Opinion
March 7, 1949.
Action to recover damages by reason of alleged misrepresentations by defendants of authority to enter into a contract for the sale of merchandise, containing an express warranty as to the condition of the merchandise upon arrival at a port of entry into the United States, and misrepresentation as to the condition of the merchandise. Appellant moved under rule 106 of the Rules of Civil Practice to dismiss the causes of action alleged in the complaint and the motion was denied. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Johnston, Adel, Sneed and MacCrate, JJ., concur.