
    Joseph D. Sylvester, Respondent, v. R. H. Macy & Co., Inc., Appellant, et al., Defendants.
    Argued June 15, 1943;
    decided July 20, 1943.
    
      
      Samuel E. Swiggett for appellant.
    
      Abraham M. Fisch for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughbae, Rippey, Lewis, Coeway and Desmoed, JJ. Lehmae, Ch. J., and Thacheb, J., dissent and vote for a new trial on the ground that the instructions concerning the implied authority of a sales-girl to warrant an article, which she has authority to sell, were erroneous.  