
    3196.
    Black Co. v. Kaplan.
    1. Hill, C. J. No fact in the present case distinguishes it in any" respect from the eases of Oklahoma Vinegar Co. v. Carter, 116 Ga. 140 (42 S. E. 378, 94 Am. St. R. 112), and Rounsaville v. Leonard Mfg. Co., 127 Ga. 735 (56 S. E. 1030 (6) ) ; and as, under the decisions in those cases applicable to the evidence, there could have been no legal recovery in the form of action adopted by the plaintiff, a nonsuit was properly awarded.
    2. The delivery of “swatches” or samples, from which goods .ordered are selected, does not make the contract for the delivery of the goods executed, so as to take it out of the principle announced in the two cases above cited.
    Decided October 10, 1911.
    Complaint; from city court of Atlanta — :Judge Reid. November 14, 1910.
    
      Walter R. Brown, for plaintiff.
    
      Morris Macks, Paul E. Johnson, for defendant.
   Judgment affirmed.  