
    George B. Ritchie & Co., Inc., Respondent, v. Paul Puttmann, Inc., Appellant.
    
      Contract — sale — food — gelatine sold to defendant with understanding it was not to be resold as edible — action to recover amount of fine paid government for violation by defendant of understanding.
    
    
      Ritchie & Co. v. Puttmann, Inc., 220 App. Div. 676, affirmed.
    (Argued December 8, 1927;
    decided January 10, 1928.)
    Appeal from a judgment, entered June 8, 1927, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of defendant entered upon a verdict directed by the court and directing judgment in favor of plaintiff. The action was to recover an amount paid by plaintiff to the United States Treasury in compromise of its civil liability on a bond given by it to release certain gelatine imported by it for defendant’s account, conditioned that the goods would be held for redelivery to the government on its demand. Plaintiff thereafter obtained permission to dispose of the gelatine for technical purposes but, in violation of the permission so granted, defendant disposed of it for food purposes, whereupon the government demanded the return of the goods, and plaintiff being unable to comply was compelled to pay the sum sued for.
    
      Joseph V. Flynn and Morris Blau for appellant.
    
      David Sleekier for respondent.
   Judgment affirmed, with costs; no opinion.

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