
    In the Matter of Gordon, Wolf, Cowen Co., Inc., Respondent, against The East Asiatic Co., Ltd., Appellant.
    (Argued May 19, 1927;
    decided June 7, 1927.)
    
      Arbitration — co7itract— sale — finding that purchaser was justified in refusing to accept goods as unmerchantable — alleged bias of arbitrator.
    
    
      Matter of Gordon, Wolf, Cowen Co., Inc., v. East Asiatic Co., Ltd., 218 App. Div. 723, affirmed.
    Appeal from a judgment, entered November 4, 1926, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of Special Term denying a motion to confirm an award of arbitrators and granted said motion except as to the fees of the arbitrators. The arbitrators found that goods delivered in accordance with a contract of sale were unmerchantable so as to warrant the purchaser in refusing to accept the same. The appellant contended that one of the arbitrators was not judicially impartial and free from bias and, therefore, was incompetent to make a valid award.
    
      E. H. Sykes for appellant.
    
      Joseph C. Slaughter and Martin Baskus for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  