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Bromley v. Dauer

153 N.Y.S. 1107 Court N.Y. App. Term Decision date 1915-05-13 English

Delivered by PENDLETON, J.

Contents

Majority

p. 1107
BROMLEY et al. v. DAUER.
(Supreme Court, Appellate Term, First Department.
May 13, 1915.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, First District. Action by George W. Bromley and another against George Dauer. Judgment for plaintiffs, and defendant appeals.
Reversed, and new trial ordered.
Lawrence T. Gresser, of Jamaica, for appellant.
Clark B. Augustine, of New York City, for respondents.

The action is to recover the agreed price of a book sold. The whole question is whether there was sufficient evidence to sustain the action. The only witness for plaintiff was a collector, who knew nothing about the sale. His testimony failed to prove any sale, and defendant testified the book was left on approval. The motion to dismiss should have been granted. Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.