Parsons v. Jones

255 A.D. 842 Court N.Y. App. Div. Decision date 1938-11-18 English

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p. 842

Bert W. Parsons, Appellant, v. Cyrus C. Jones, Respondent.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. The court erred in dismissing the complaint. Facts sufficient to constitute a cause of action were testified to by the plaintiff at the time the motion was granted. Present — Martin, P. J., Glennon, Untermyer, Dore and Callahan, JJ.