Appellate Terms of the Supreme Court of New York December 30, 1915 (Witt v. Carlton Dress Goods Co.)

GUY, J.

This is an action to recover for goods sold and delivered The pleadings were oral, and throughout the trial it was assumed that the defendant was a corporation; but there was neither proof nor *694concession of that fact. As it is stated in both briefs, however, that the defendant is a corporation, it will be considered as such.