Judgment and order unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
The proof established, or there were inferences reasonably to be drawn therefrom, that on October 12, 1964 plaintiff delivered to defendant Lanza merchandise shipped from Lindsay Company of St. Paul, Minnesota for which defendant was to pay $2,950.65 by picking up the bill of lading which Lindsay Company had sent...
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