
    Fisher v. Libby, appellant.
    
      Damages — on breach, of contract of sale.
    
    Plaintiff sold, and partly delivered some damaged paper to defendant Defendant refused to receive the balance, whereupon, plaintiff, after notice to defendant, sold the same at public auction. Held, that this method of ascertaining the damage was legal. Pollen v. Leroy, 30 N. Y. 549.
    Appeal from a judgment entered upon the report of a referee.
    
      Charles M. Da Costa and T. P. Chapman, for appellant.
    
      Morris & Pearsall, for respondent.
   Barnard, P. J.

The opinion holds that the referee was justified by the evidence in his findings of fact. The only question of law noticed in the inion, is fully set forth in the head-note.

Judgment affirmed.  