
    GOLDBERG, Respondent, v. JAMES S. WEMYSS CO., Appellants.
    (Supreme Court, Appellate Division, Second Department.
    December 8, 1911.)
    Action by Meyer Goldberg against the James S. Wemyss Company.
   PER CURIAM.

Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event, upon the ground that the contract afforded plaintiff only the right to pick out 1,000 bundles from the stock “as it is,” but not to break open the bundles and to pick out from the broken bundles such rolls as he wished. See, also, 131 N. Y. Supp. 1117.

HIRSCHBERG and RICH, JJ., vote for affirmance.  