
    Smiley Steel Company, Inc., Appellant, v. Lucien Schmoll et al., Respondents.
    
      Contract —• sale — action to recover on contract of sale — validity of contract — defense that title to goods sold never passed to purchaser.
    
    
      Smiley Steel Co. v. Schmoll, 200 App. Div. 655, affirmed.
    (Submitted January 16, 1923;
    decided January 30, 1923.)
    Appeal from a judgment, entered April 12, 1922, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in, favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint. The action was brought to recover the purchase price of 52,000 pounds of 4-point 3.12 gauge galvanized barb wire, which the plaintiff alleged it agreed to sell and deliver to the defendants and the defendants agreed to purchase and accept from the plaintiff and to pay plaintiff therefor the sum of $510 per hundred pounds, delivery to be f. a. s. Ward Line Dock, New York. The defendants took issue with the plaintiff, first, as to whether any valid, binding contract was entered into between the parties; and, second, that, even assuming the parties had contracted as claimed by the plaintiff, the plaintiff Was not entitled to recover of the defendants the purchase price of said barb wire for the reason that title thereto never passed to defendants.
    
      B. F. Norris for appellant.
    
      Alfred B. Nathan for respondents.
   Judgment affirmed, with costs; no opinion.

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