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W. O. Const. Co. v. Heitler

147 N.Y.S. 1151 Court N.Y. App. Div. Decision date 1914-05-07 English

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p. 1151
W. O. CONST. CO. v. HEITLER.
(Supreme Court, Appellate Term, First Department.
May 7, 1914.)

Headnote

Appeal from Municipal Court, Borough of the Bronx, Second District. Action by the W. O. Construction Company against Samuel Heitler. Judgment for plaintiff, and defendant appeals.
Reversed, and judgment directed, for defendant.
Isidore Lowenbraum, of New York City, for appellant.
William H. Chorosh, of New York City, for respondent.

The verdict is clearly against the weight of evidence. The evidence establishes the fact that there was but a single oral letting for the period of 14 months in violation of the statute of frauds. The judgment is reversed, with costs, and judgment is directed in favor of defendant, with costs.