Unanimously reversed, on the law, the motion denied, the cross motion granted, and the judgment entered thereon on February 1, 1972, vacated, without prejudice. Appellant shall recover of respondent $50 costs and disbursements of this appeal.
The guarantee was delivered in consideration of future sales. The absence of such future sales constitutes a failure of consideration barring recovery on the guarantee. (Standard Oil Co. v. Koch, 260 N.Y. 150.) The dismissal...
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