The judgment should be affirmed with costs on the ground that the agreement whereby the vendor and vendee were to endeavor to dispose of the goods during the pendency of the litigation had the *Page 559 effect of charging the defendant with liability for storage of any goods not sold, even if such liability might otherwise have been disclaimed.

CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ., concur.

Judgment affirmed.