
    Irvy Myers, Respondent, v. Nestle’s Food Company, Inc., Appellant.
    (Submitted January 30, 1925;
    decided February 25, 1925.)
    
      Contract —• sale — action to recover contract price of goods sold and delivered.
    
    
      Myers v. Nestle’s Food Co., Inc., 208 App. Div. 857, affirmed.
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department," entered April 29,1924, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The action was to recover the contract price of milk sold and delivered by plaintiff to the defendant. There was no dispute as to the quantity or quality of milk furnished by the plaintiff. The defendant claimed that the plaintiff failed to establish a valid contract; that there was a written agreement in which all the oral contracts merged; that the prices posted by the defendant on its creamery should control, and finally that there was an accord and satisfaction of the plaintiff’s claim.
    
      Coleman E. Andel and Richard J. Kent for appellant.
    
      J. F. Halstead for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozq, Pound and Lehman, J. Not voting: Crane, J. Absent: McLaughlin, J.  