
    Before the First Division,
    December 13, 1939
    No. 42836.
    Petition 5837-R of Eugene Kahn (Cincinnati).
   Opinion by

Brown, J.

‘When notified that the machine which arrived was a new one the importer..examined-it and found that.it was a smaller one than the old one he was expecting. From the evidence it was found that there was no intention on the part of the importer to deceive or defraud. The petition was therefore granted.  