
    Arthur E. Winter and Frank B. Ross, Copartners, under the Name of Winter, Ross & Co., Respondents, v. Wickwire Spencer Steel Corporation, Appellant.
    (Argued April 10, 1925;
    decided May 12, 1925.)
    
      Contract — sale — action to recover for refusal to accept goods — delay in delivery — waiver.
    
    
      Winter v. Wickwire Spencer Steel Corp., 212 App. Div. 870, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 24, 1925, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The action was to recover for breach of contract to purchase goods. The complaint alleged that by the contract dated March 25, 1920, plaintiffs agreed to sell and defendant to buy six tons of tin, delivery to be made by plaintiffs f. o. b. New York city; shipment was to be made at plaintiffs’ option in about one week; that upon March thirty-first plaintiffs gave notice they could not ship as agreed, and upon April first defendant waived the time of delivery and no time was fixed in the instrument by which such waiver was made; but that thereafter defendant refused to accept the tin. The answer denied the waiver and set up as a defense unreasonable delay in delivery.
    
      
      Perlie P. Fallon for appellant.
    
      Milward W. Martin for respondents.
   Judgment affirmed, with costs; no opinion.

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