Opinion
Argued June 15, 1943
Decided July 20, 1943
Appeal from the Supreme Court, Appellate Division, First Department, O'BRIEN, J.
Samuel E. Swiggett for appellant.
Abraham M. Fisch for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, RIPPEY, LEWIS, CONWAY and DESMOND, JJ. LEHMAN, Ch. J., and THACHER, J., dissent and vote for a new trial on the ground that the instructions concerning the implied authority of a salesgirl to warrant an article, which she has authority to sell, were erroneous.