Gas Purifying Materials Co. v. George H. Nutman, Inc. 3 A.D.2d 722

An action by respondent to recover the price of goods sold and delivered was consolidated with an action by appellant to recover damages arising from the alleged failure to deliver the goods actually purchased, and for other relief. The appeal is from a judgment entered after trial by the court without a jury in favor of respondent and against appellant. Judgment unanimously affirmed, with costs. No opinion. Present — Nolan, P. J., Wenzel, Ughetta, Hallinan and Kleinfeld, JJ.