Majority
p. 942Morris J. Gordon and Louis L. Zasloff, Respondents, v. Fannie G. Lynch, Appellant.
Headnote
Appeal from a judgment entered on a verdict directed by the court, and from an order denying a motion for a new trial.We think that there was a question of fact presented which should have been left to the -jury; and that the motion to that effect by the defendant was made in time. The judgment and order must be reversed and new trial ordered, with costs to appellant to abide event. Present — Ingraham, McLaughlin. Clarke, Houghton and Scott, JJ. Judgment and order reversed, new trial ordered, costs to appellant to abide event.