Opinion
March 20, 1950.
In an action by a seller to recover upon a written contract for the conditional sale of fixtures and equipment, in which the buyer counterclaimed to recover the amount paid on account of the purchase price, $250, plaintiff appeals from a judgment entered upon the verdict of a jury in favor of the defendant in the sum of $250. Judgment reversed on the facts and a new trial granted, with costs to appellant to abide the event. In our opinion the verdict of the jury was against the weight of the credible evidence. Nolan, P.J., Carswell, Sneed, Wenzel and MacCrate, JJ., concur.