Hyperlawhypertext legal database Olin J. Stephens, Inc. v. Laykenack Realty, Inc. 155 N.Y.S. 1129

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Olin J. Stephens, Inc. v. Laykenack Realty, Inc.

155 N.Y.S. 1129 Court N.Y. App. Div. Decision date 1915-11-05 English

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p. 1129
OLIN J. STEPHENS, Inc., Appellant, v. LAYKENACK REALTY, Inc., Respondent.
(Supreme Court, Appellate Division, First Department.
November 5, 1915.)

Headnote

Appeal from Trial Term, New York County. Action by Olin J. Stephens, Incorporated, against the Laykenack Realty, Incorporated. From a judgment for defendant, and an order denying new trial, plaintiff appeals. Reversed and remanded. See, also, 168 App. Div. 845 , 154 N. Y. Supp. 413 .
William C. Relyea, of New York City, for appellant.
Abraham Felt, of New York City, for respondent.

In so far as this judgment rests upon a finding that plaintiff did not deliver the 18 tons of coal in dispute, the verdict is against the evidence. As to the other branch of the case, it is quite clear that the coal furnished by plaintiff was what was ordered by defendant. The judgment and order appealed from must be reversed, and a new trial granted, with costs to ■ appellant to abide the result. Order filed.