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Autier v. Thompson

257 A.D. 849 Court N.Y. App. Div. Decision date 1939-05-23 English

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p. 849
John L. Autier and Henry Drew, Copartners Doing Business under the Firm Name of Autier & Drew, Respondents, v. Bertha M. Thompson, Defendant, and Sidney A. Thompson, Appellant.

Appeal from a judgment in favor of the plaintiffs, after a trial before the court without a jury, in an action to recover the alleged contract price for furnishing and installing plumbing fixtures in appellant’s house. Judgment reversed on the law, with costs, and complaint dismissed, with costs. In view of the documentary evidence, there is no credible evidence upon which a judgment for the plaintiffs can be supported. Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur.