Hadden v. Dimick — 48 N.Y. 661

Majority

p. 661

William A. Hadden et al., Respondents, v. Jeremiah W. Dimick, Appellant.

(Argued September 21, 1871;

decided January term, 1872.)

p. 662

Headnote

Action to recover damages for breach of contract. Yer-dict ordered by the court for plaintiffs. Reversed upon the ground that there was some evidence tending to show a parol waiver of the contract by plaintiffs, which should have been submitted to the jury; and, if they found such waiver, plaintiffs would be estopped from claiming a non-performance.

William G. Ohoate for the appellant.

John Blosson for the respondents.

Earl, C., reads for reversal.

All concur ; Leonard, 0., not sitting.

Judgment reversed and new trial granted, costs to abide event.