#### HAMMOND & BELL v. E. J. GEROCK.

(Filed 9 April, 1924.)

Appeal by plaintiff from Kerr, J., at October Term, 1923, of Hert-ford.

Oivil action in contract, to recover for goods alleged to have been sold and delivered.

From a verdict and judgment in favor of defendant, plaintiff appeals.

*856 R. C. Bridger for plaintiff.

Walter B. Johnson for defendant.

Per Curiam.

Upon sufficient evidence, tbe jury have found, in answer to an issue submitted to them, that tbe goods shipped by plaintiff did not come up to sample and were not of tbe quality of goods sold by plaintiff’s agent to tbe defendant. No valid contract of sale having been made between tbe parties, and tbe goods having been returned to tbe plaintiff, recovery was properly denied. A careful perusal of tbe record convinces us that tbe case has been tried substantially in agreement with tbe law bearing on tbe subject, and no ruling or action on tbe part of tbe trial court has been discovered by us which we apprehend should be held for reversible error.

Tbe verdict and judgment will be upheld.

No error.