Opinion
November, 1922.
Present — Rich, Jaycox, Manning, Kelby and Young, JJ.
Judgment and order denying motion for a new trial unanimously affirmed, with costs. No opinion. Order resettling order dismissing complaint as to the individual defendant reversed on the law, without costs. The plaintiff himself testified that the sales in question were to the defendant corporation. This was not a failure of proof, and on this affirmative evidence the original order dismissing the complaint on the merits was correct.