
    Joannes Brothers Company, Respondent, v. Federal Sugar Refining Company, Appellant.
    
      Contract — sale — action to rescind contract to purchase on ground of defect in quality.
    
    
      Joannes Brothers Co. v. Federal Sugar Refining Co., 212 App. Div. 868, affirmed.
    (Argued October 19, 1925;
    decided November 24, 1925.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 20, 1925, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was to rescind a contract for the purchase of fine granulated sugar and to recover the purchase price on the ground that the sugar delivered was of an inferior quality.
    
      Ernest A. Bigelow and Harold D. Beatty for appellant.
    
      George T. Hogg, John F. Martin and Gerald F. Clifford for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane and Andrews, JJ. Not voting: Lehman, J.  