
    Sarachan & Rosenthal, Inc., Respondent, v. Wilson & Co., Appellant.
    (Argued January 27, 1925;
    decided February 25, 1925.)
    
      Contract — sale — action to recover for non-acceptance of merchandise under contracts of sale— defense of default in delivery.
    
    
      Sarachan & Rosenthal, Inc., v. Wilson & Co., 207 App. Div. 768, affirmed.
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 10, 1924, unanimously affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The action was to recover for non-acceptance by defendant of delivery under two contracts for the sale of burlap. The answer alleged that the contracts were not enforcible because of default on the part of the plaintiff in delivery, or tender of delivery, or request of the defendant to accept delivery.
    
      George A. Carnahan for appellant.
    
      A. L. Gilman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, Crane, Andrews and Lehman, JJ. Absent: McLaughlin, J.  