Bassford v. White — 19 N.Y.S. 1020

Majority

p. 1020

Bassford, Respondent, v. White, Appellant.

(Superior Court of New York City,

General Term.

July 5, 1892.)

Headnote

Action by Thomas S. Bassford against Charles H. White. From a judgment entered in favor of the plaintiff on the decision of a judge after trial of the issues without a jury, defendant appeals.

Argued before Freedman, Dugro, and Gildersleeve, JJ.

Jas. O. Re La Mare, for appellant. Ernest Hall, for respondent.

As it appears that the contract between the parties was a fair one under all the circumstances; that the rule of damage applicable to the case was properly stated and applied by the learned trial judge; and that there is no exception which calls for reversal,—the judgment must be affirmed, with costs.