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Embling v. Churchville Oil & Natural Gas Co.

226 A.D. 849 Court N.Y. App. Div. English

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p. 849
William J. Embling, Respondent, v. The Churchville Oil and Natural Gas Company, Appellant.

Judgment and order reversed on the facts, and a new trial granted, with costs to the appellant to abide the event, upon the ground that the finding of the jury to the efieet that the heating of a cellar for the storage of potatoes in bulk was within the contemplation of the contract, is unsupported by and is contrary to and against the weight of the evidence. All concur. Present — Sears, P. J., Crouch, Taylor, Thompson and Crosby, JJ.