Lowenthal Co. v. McCormack Brothers Co.

-This appeal is here without any appearance on behalf of respondent or the benefit of any brief or argument in its behalf.

The action is one to recover the purchase price from respondent of a certain shipment of ladies’ dresses amounting to $471.50. There is not much dispute in the facts and, where the evidence conflicted, the trial judge resolved the facts in favor of respondent.

On June 19, 1923, respondent’s buyer, one Oben-durfer, after inspection of samples of ladies’ dresses furnished for that purpose by appellant’s traveling salesman, gave a memorandum order, which Oben-durfer himself…