
    Herman Meyers, Respondent, v. Hannah Freud, Appellant.
    Appeal from'a judgment of the Oity Court of the city of New York in favor of the plaintiff and from an order denying a new trial on the minutes. The action was by the plaintiff, as assignee of Sarah Ufland, as upon an account stated between her and the defendant. Sarah Ufland had placed goods on sale with the defendant, who was to render weekly statements to, and pay on demand the balance due to Sarah Ufland. The defendant having failed to do so, Sarah Ufland removed her goods.
    Edwin L. Kalish (J. Culbert Palmer, of counsel), for appellant.
    Abraham Levy, for respondent.
   Per Curiam.

The judgment must be affirmed; it clearly appears that the plaintiff’s assignor was justified in terminating the ■contract made between her and the defendant, because the latter not only failed to pay the sum of money which the defendant admitted was owing thereunder, but refused to do so until she was ■ready and willing. Under these circumstances, the election made ¡to end the contract, and the removal of the goods owned by the plaintiff’s assignor from the defendant’s premises, were just and reasonable acts.

Judgment affirmed, with costs and disbursements.

Present: Fitzsimons, Oh. J., and Has call, J.

Judgment affirmed, with costs.  