Hyperlawhypertext legal database Wagner v. Mishel 148 N.Y.S. 1148

← Cases

Wagner v. Mishel

148 N.Y.S. 1148 Court N.Y. App. Term Decision date 1914-06-18 English

Contents

Majority

p. 1148
WAGNER v. MISHEL et al.
(Supreme Court, Appellate Term, First Department.
June 18, 1914.)

Headnote

Appeal from Blunicipal Court, Borough of Blanhattan, First District. Action by Louis Wagner against Blorris Mishel and another. Judgment for plaintiff, and defendants appeal. Reversed, and complaint dismissed. See, also, 148 N. Y. Supp. 1148.
House, Grossman & Vorhaus, of New York City, for appellants.
Henry Silverman, of New York City, for respondent.

The testimony in this case shows that the workmanship -upon the catalogues for the printing of which the plaintiff brought this action is of a most inferior quality, rendering them entirely unfit for the purposes for which the plaintiff knew that they were intended, and the testimony to that effect is fully confirmed by an examination of fhe specimens

p. 1149
offered in evidence and submitted upon the hearing of this appeal. Judgment reversed, with costs, and complaint dismissed, with costs. Costs in this action to be offset ngainst the audgment in No. 112.