Opinion
May 9, 1945.
This action was brought by plaintiff to recover the purchase price of a planer. The sole issue is whether plaintiff sold such a machine to defendant. The trial court found that plaintiff failed to sustain the burden of proof. The evidence sustains that finding. Judgment affirmed, with costs. Heffernan, Brewster and Lawrence, JJ., concur; Hill, P.J., dissents; Foster, J., taking no part.