Hyperlawhypertext legal database Olin J. Stephens, Inc. v. Laykenack Realty, Inc. 171 A.D. 896

← Cases

Olin J. Stephens, Inc. v. Laykenack Realty, Inc.

171 A.D. 896 Court N.Y. App. Div. English

Contents

Majority

p. 896
Olin J. Stephens, Inc., Appellant, v. Laykenack Realty, Inc., Respondent.

Headnote

Appeal from a judgment of the County Court of Bronx county, entered in the Bronx county clerk’s office on the 38th day of January, 1915, on a verdict, and also from an order entered on the 33d day of January, 1915, denying a motion for a new trial.

In so far as this judgment rests upon a finding that plaintiff did not deliver the eighteen tons of coal in dispute the verdict is against the evidence. As to the other branch of the case it is quite clear that the coal furnished by plaintiff was what was ordered by defendant. The judgment and order appealed from must be reversed and a new trial granted, with costs to appellant to abide the result. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Judgment and order reversed, new trial ordered, costs to appellant to abide event.