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Eisert v. Brandt

29 N.Y.S. 1143 Court N.Y. City Ct. Decision date 1894-06-20 English

Delivered by FITZSIMONS, J.

Contents

Majority

p. 1143
EISERT, Respondent, v. BRANDT, Appellant.
(City Court of New York, General Term.
June 20, 1894.)

Headnote

Action by Alwin Eisert against William H. Brandt. W. W. Bryan, for appellant. M. E. Duffy, for respondent.

Every exception taken by defendant is found between folios 71 and 76 of the printed case. We cannot find any merit in them. All the questions objected to were objectionable because they called upon the witness under examination to state conclusions or opinions, and were therefore properly excluded. The exception found at folio 74 is unavailing to defendant, because the contract did not require plaintiff to procure the acceptance of the architect Baxter. He only had the right to supervise the work done by plaintiff. Judgment must be affirmed, with costs.