Hyperlawhypertext legal database U. T. Hungerford Brass & Copper Co. v. John T. Brady & Co. 153 N.Y.S. 1148

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U. T. Hungerford Brass & Copper Co. v. John T. Brady & Co.

153 N.Y.S. 1148 Court N.Y. App. Div. Decision date 1915-06-04 Docket No. 7403 English

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p. 1148
U. T. HUNGERFORD BRASS & COPPER CO., Respondent, v. JOHN T. BRADY & CO., Appellants.
(No. 7403.)
(Supreme Court, Appellate Division, First Department.
June 4, 1915.)

Headnote

Appeal from Trial Term, New York County. Action by the U. T. Hungerfoi'd -Brass & Copper Company against John T. Brady & Co. From a judgment for $4,102.99 entered upon a verdict, and from an order denying a motion for a new trial, defendants appeal.
Judgment and order reversed, and complaint dismissed.
McCombs, Ryan & Gordon, of New York City (Frederick R. Ryan, of New York City, of counsel, and Alexander Gordon, of New York City, on the brief), for appellant.
Phillips & Avery, of New York City (Frank M. Avery, of New York City, of counsel, and Edgar J. Phillips, ■ of New York City, on the brief), for respondent.

The plaintiff recovered a verdict upon the theory of a direct sale by it to the defendant of certain copper at its request and upon its promise to pay. We have carefully examined this record, and have reached the conclusion that the facts proven did not establish such sale, and that the motion of defendant to dismiss the complaint should have been granted. The judgment and order appealed from are reversed, the finding of the jury that there was a sale by the plaintiff to the defendant is reversed, and judgment is ordered for the defendant, dismissing the complaint, with costs and disbursements. Order filed.