Court of Appeals for the Second Circuit June 3, 1929, 162 (Frankel v. Foreman & Clark, Inc.)

AUGUSTUS N. HAND, Circuit Judge

(after stating the facts as above). There can be no doubt that the charge as to the burden of proof was erroneous as to both causes of action. .

The first cause of action was to recover the purchase price, and was founded upon the theory that the title to the 170 coats had passed to the buyer. Section 125 (3) and (4) of the New York Personal Property Law (Consol.