Pittler

Plaintiff recovered a money judgment against defendant upon two assigned claims. One claim of $960 was for the purchase by defendant while in New York from Anton D. Dimou & Co. of a quantity of raw furs and the other claim of $124.25 was for the cost of matching and sewing said furs by Albanos Co., also of New York. When the purchased furs arrived in San Francisco by express the defendant refused to accept them, claiming that they arrived later than agreed upon. In addition to this claim she now claims the contract was within the statute of frauds. This appeal on these points resolves itself into a question of fact as to whether the sale and delivery of the furs was complete in New York. The plaintiff’s several witnesses testified that defendant visited the place of business of Anton D. Dimou & Co., where she selected and purchased the furs upon sixty days’ credit; that she ordered the furs taken to the shop of Albanos Co. for finishing; that she accompanied the furs to the latter place, gave directions there for finishing and shipment to San Francisco. In other words, that she purchased the furs outright from the first merchant, received delivery of them, and then made her own…