Appellate Terms of the Supreme Court of New York, 1901

Jackson v. Bulifant

Jackson v. Bulifant
Appellate Terms of the Supreme Court of New York · Decided June 15, 1901
35 Misc. 823; 72 N.Y.S. 1108

Counsel

Howard Ellis, for appellant., Vincent Rosemon, for respondents.

Jackson v. Bulifant

Opinion of the Court

Per Curiam.

All of the sales, except those to Worth & Co. and Lewis Marks, were evidenced by written sales-notes drawn by plaintiff himself. From these sales-notes, it appears that the so-called sales were conditional upon the buyer’s approval of the goods. They did not approve them and consequently no sale was effected. The plaintiff earned no commissions upon these *824transactions. As to the Worth an’d Marks items, the evidence was conflicting and we see no reason to disturb the finding of the justice.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment affirmed, with costs.

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