Evans v. Weinstein — 195 N.Y. 549

Majority

p. 549

John F. Evans, Appellant, v. Mayer J. Weinstein, Respondent.

Headnote

Moans v. Weinstein, 124 App. Div. 316 , affirmed.

(Argued March 31, 1909;

decided April 27, 1909.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 21, 1908, 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 rescind a contract for the sale of real estate.

Charles De Hart Brower and Seth B. Robinson for appellant

Harold Swain and Horman Wilmer Chandler 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, Edward T. Bartlett, Haight, Yann, Willard Bartlett and Chase, JJ.