
    Esther Jenkins, Appellant, v. Blackstone Motor Co., Inc., Respondent.
    (Submitted October 22, 1926;
    decided November 16, 1926.)
    
      Contract — sale —false representations — action to recover first payment on conditional sale on ground it was induced by false representations.
    
    
      Jenkins v. Blackstone Motor Co., Inc., 216 App. Div. 583, affirmed.
    Appeal from a judgment, entered May 14, 1926, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and directing a dismissal of the complaint. The action was brought to recover $800, the first payment made on a conditional sales contract under which defendant agreed to sell and the plaintiff to buy a brougham automobile, and under which said automobile was subsequently retaken by the defendant. The complaint alleged that the contract was induced by false and fraudulent representations made to the plaintiff by defendant’s agent.
    Judgment affirmed, with costs;
    
      Thomas J. Mangan for appellant.
    
      Mack W. Terry, H. F. Nehlsen and C. L. Chamberlain for respondent.
   no opinion.

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