
    Michael Temmer, Respondent, v. Leopold Zimmerman et al., Doing Business under the Firm Name of Zimmerman & Forshay, Appellants.
    
      Contract — purchase of foreign credit —failure to make delivery within reasonable time.
    
    
      Temmer v. Zimmerman, 202 App. Div. 832, affirmed.
    (Argued March 19, 1923;
    decided May 1, 1923.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 29, 1922, affirming a judgment in favor of plaintiff entered upon a verdict. The action was brought to recover damages sustained by the plaintiff for the alleged breach of a contract by the defendants in failing to make a credit within a reasonable time of 20,000 Austrian kronen purchased on December, 13, 1916. The contract read as follows:
    
      “ Memorandum
    “ Zimmerman & Forshay
    
      “ Members of New York Stock Exchange, 9-41 Wall St.
    
      “ Payable Through
    “ Wiener Bank Y.erein
    ■ “ Vienna
    “ No. 1616 New York, Dec. 13, 1916.
    “ Mr. Michael Temmer,
    “135 West 117 St.:
    “ In accordance with your request we will instruct our correspondents to remit to:
    
      “ Ungarische Postsparkasse. at Budapest for acct. Mrs. Jacob Temmer Kr 20,000 - @ 11^ $2300—
    “ It is important that you write to the payee to immediately acknowledge receipt of the money.
    “ Delivery
    “ guaranteed,
    “ Zimmerman & Forshay,
    “ By P.”
    
      Osmond K. Fraenkel and Louis Werner for appellants.
    
      Eugene Lamb Richards and Rutherford B. Meyer for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Pound, McLaughlin, Crane and Andrews, JJ. Not voting: Cardozo, J.  