
    The American Sugar Refining Company, Respondent, v. Max Cohn, Appellant.
    
      Contract — sale — action to recover for alleged, breach of contract to purchase merchandise — sufficiency of confirmation of order — question of fact.
    
    
      American Sugar Refining Co. v. Cohn, 213 App. Div. 865, affirmed.
    (Argued January 13, 1926;
    decided February 24, 1926.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 24, 1925, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The action was to recover for an alleged breach of contract based upon an alleged refusal of defendant to accept fifty barrels of sugar alleged to have been purchased from plaintiff. The trial court dismissed the complaint at the close of the plaintiff’s case, upon the ground that plaintiff’s acceptance, or confirmation, of the order signed by the defendant was not signed by some responsible agent acting for and in behalf of the plaintiff. The Appellate Division reversed and ordered a new trial on the ground that a question of fact was presented which should have been submitted to the jury.
    
      Samuel S. Breslin for appellant.
    
      Joseph F. Abbott for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  