Littlewood v. Riley — 34 N.Y.S. 1142

Majority

p. 1142

LITTLEWOOD, Appellant, v. RILEY et al., Respondents.

(Supreme Court, General Term, Second Department.

July 26, 1895.)

Headnote

Action by Charles L. Littlewood against W. H. Riley and others.

James C. Church, for appellant.

Willis & Wallis (William G. Wilson, of counsel), for respondents.

The plaintiff’s case depends entirely upon his own testimony. He is contradicted by two witnesses and the written instruments. Giving to his testimony full faith, and all that it established is that the minds of the parties did not meet. At most, that would only authorize a rescission of the contract. That would not benefit the plaintiff. Judgment affirmed, with costs. All concur.