Order unanimously affirmed, with $20 costs and disbursements to respondent. We take it that the intendment of the pleading is to allege a consummated sale with delivery of the merchandise. That will be essential proof at the trial and we deem the pleading sufficient for the purpose of the allegation. Present — Peck, P. J., Cohn, Breitel, Bastow and Rabin, JJ.