
    Andrew C. Stegman, Respondent, v. National Biscuit Company, Appellant.
    (Argued April 9, 1925;
    decided May 5, 1925.)
    
      Contract — services — commissions — action to recover commissions for negotiating sale of flour.
    
    
      Stegman v. National Biscuit Co., 211 App. Div. 854, affirmed.
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 3, 1925, affirming a judgment in favor of plaintiff entered upon a verdict. The action was to recover commissions for negotiating and procuring the sale of 200,000 barrels of barley flour belonging to defendant pursuant to an alleged oral agreement alleged to have been made by plaintiff with defendant acting through one of its employees. The defense was that defendant’s employee was not authorized to employ plaintiff to sell said flour; that he was not so employed, and that he was not the procuring cause of the sale.
    
      Eugene W. Leake, Charles A. Vilas and E. A. Craighill, Jr., for appellant.
    
      Gerald B. Rosenheim and Robert P. Levis for respondent.
   Judgment affirmed, with costs; no opinion.

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