Eisen v. Baudouine — 184 A.D. 883

Majority

p. 883

Louis Eisen and Henry Eisen, Copartners, etc., Appellants, v. Charles A. Baudouine and John F. Baudouine, as Trustees, etc., Respondents.

Headnote

Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office October 17, 1917, dismissing the complaint at the close of plaintiffs’ case upon a trial at Trial Term.

Judgment affirmed, with costs. No opinion. Present — Clarke, P. J., Dowling, Smith, Page and Merrell, JJ.; Dowling, J., dissented.

I dissent, on the ground that, in my opinion, there was an issue for the jury upon the plaintiffs’ case as to whether or not Scheibler was the defendants’ agent and whether he was authorized to waive the provision of the lease requiring written notice of the defect in the roof.