
    Thomas N. Bayles, Appellant, v. Overton Electric Company, Respondent.
    Judgment of the County Court of Suffolk county affirmed, with costs, upon the ground that there was a full accord and satisfaction by deducting the entire purchase price of the four poles and remitting the balance due by check that showed on its face that it was in full payment. In such case it was not error to reject evidence that the defendant had used the poles. If defendant has not accepted the poles and has deducted the price for them, and if the defendant has used them or has or should convert them to its own use, it may be hable in another action, but not in this.
   Jenks, P. J., Thomas, Stapleton, Mills and Rich, JJ., concurred.  