Opinion
Submitted May 23, 1945
Decided July 19, 1945
Appeal from the Supreme Court, Appellate Division, First Department, BENVENGA, J.
A. Harry Weissman for appellants.
Rachel B. Backer for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, CONWAY, DESMOND and DYE, JJ. THACHER, J., dissents and votes for modification of the judgment by reducing it to $234.71 upon the ground that there was no evidence that upon reasonable effort the goods sold could not have been procured at some price.