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Rosenstein v. Cohn

64 N.Y.S. 1147 Court N.Y. App. Term Decision date 1900-05-01 English

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p. 1147
ROSENSTEIN, Respondent, v. COHN, Appellant.
(Supreme Court, Appellate Term.
May 1, 1900.)

Headnote

Action by Ernest G. Rosenstein against Isaac Cohn for goods sold and for dam
p. 1148
ages for breach of contract. From a judgment in favor of plaintiff, defendant appeals.
Reversed.
David E. Grossman, for appellant. Walter T. Rosenstein, for respondent.

The complaint, originally for goods sold and delivered, was amended at the trial so as to be for damages through breach of contract. There was no evidence of delivery, and none of any damage. The judgment must therefore be reversed, and a new-trial granted, with costs to the appellant to abide the event.