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Ognjenovich v. Troy Laundry & Machinery Co.

145 N.Y.S. 1136 Court N.Y. App. Div. Decision date 1913-12-23 English

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p. 1136
OGNJENOVICH, Respondent, v. TROY LAUNDRY & MACHINERY CO., Limited, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
December 23, 1913.)

Headnote

Action by Draga Ognjenovich against the Troy Laundry & Machinery Company, Limited.

Judgment reversed, and new trial granted, with costs to appellant to abide event. There is no evidence to sustain a judgment for the breach of contract set forth in the complaint, and the admission of evidence as to breach of another and different contract, not pleaded and accruing since the commencement of the action, was error.