
    Granville A. Beals, Doing Business as the Greenwich Mills, Appellant, v. Michael Hirsch, Respondent.
    
      Contract — sale — tender ■— contract for manufacture and sale of goods — refusal by purchaser to accept goods proper where manufacturer denies reasonable opportunity to examine.
    
    
      Beals v. Hirsch, 214 App. Div. 86, affirmed.
    (Argued January 21, 1926;
    decided February 24, 1926.)
    Appeal from a judgment, entered July 10, 1925, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The action was to recover for an alleged breach of contract whereby plaintiff agreed to manufacture and defendant agreed to purchase a certain quantity of cloth. The complaint alleged that within the time fixed for delivery plaintiff manufactured and tendered to defendant a portion of the goods contracted for but plaintiff refused to accept the same. The defense was that plaintiff refused to accord defendant a reasonable opportunity to examine the goods before acceptance.
    
      Joseph P. Segal and I. Gainsburg for appellant.
    
      William L. Ransom and Colley E.. Williams for respondent.
   Judgment affirmed, with costs; no opinion.

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