Appellate Division of the Supreme Court of the State of New York March 20, 1925 (Fred Butterfield & Co. v. Abraham & Straus, Inc.)

McAvoy, J.:

Plaintiff is engaged in the business of selling cotton fabrics known in the trade as “ Normandy voile.” The defendant, on or about the 8th of May, 1923, sold under the heading of “ Girls’ Normandy Voile Dresses,” as advertised in the New York Evening Journal, certain dresses at the retail price of three dollars and ninety-five cents each, and on May ninth and tenth continued the sale