Sess v. Richey — 58 N.Y.S. 1148

Majority

p. 1148

SESS et al., Appellants, v. RICHEY et al., Respondents.

(City Court of New York,

General Term.

May 26, 1899.)

Headnote

Action by Michael Sess and another against David Richey and another. From a judgment entered on a verdict for plaintiffs for nominal damages, plaintiffs appeal.

Affirmed.

Leopold Leo, for appellants.

Henry 0. Bryan, for respondents.

We concur in the verdict of the jury. They believed that, if plaintiffs had been allowed to perform their contract with defendants, they would have lost money, instead of making a profit. They evidently wished to prevent defendants from recovering two bills of costs herein. Therefore they rendered a verdict for plaintiffs for nominal damages, supposing that such a verdict would so save plaintiffs. A verdict in favor of defendants would have been justified by the evidence. After a careful perusal of the verdict, we think that no injustice was done plaintiffs. Judgment affirmed, with costs.