Clements v. Sherwood-Dunn — 187 N.Y. 521

Majority

p. 521

Hurin M. Clements, Appellant, v. B. Sherwood-Dunn, Respondent, Impleaded with Another.

Headnote

Clements v. 8herwood-Dunn, 108 App. Div. 327 , affirmed.

(Argued December 17, 1906;

decided January 8, 1907.)

Appeal from, an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 15, 1905, reversing a judgment in favor of plaintiff entered upon a decision' of the court on trial at Special Term and granting a new trial in an action to enforce specific performance of an alleged oral contract for services.

Thomas D. Adams and A. C. Palmer for appellant.

Hubert E. Rogers for respondent.

Order affirmed and judgment absolute ordered against appellant, on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., Gray, O’Brien, Edward T. Bartlett, Werner, Hiscock and Chase, JJ.

Cases cited

Clements v. Sherwood-Dunn 108 App. Div. 327 N.Y. App. Div. 1905-11-10 p. 521