
    Louis F. Dommerich, Respondent, v. Morris Garfunkel et al., Appellants.
    Appeal from a determination of the General Term of the City Oourt of the city of Few York, affirming a judgment of the Trial Term, rendered on the verdict of a jury in favor of the plaintiff.
    H. L. Franklin, for appellants.
    M. D. Steuer (Abraham S. Levy, of counsel), for respondent.
   Per Curiam.

The defendants’ witnesses testified on the trial that the goods sold in September, were the same goods as those sold in July, while the warranty set up in the defense and counterclaim was that the goods .were good merchantable cloths, fit to be manufactured into cloaks fit for ordinary use and wear.”

The defendants sought to show on the trial what kind of goods certain July goods were, but this evidence was excluded. There was no error in this ruling. To show that the goods delivered in September, were not the same goods as those delivered in July, did not tend to establish the defendants’ defense.

Judgment affirmed, with costs.

Present: Tbuax, P. J., Soott and Dugeo, JJ.

Judgment affirmed, with costs.  