Frantz v. Maree — 84 N.Y.S. 1126

Majority

p. 1126

FRANTZ, Appellant, v. MAREE et al., Respondents.

(Supreme Court, Appellate Term.

November 18, 1903.)

Headnote

Action by Charles B. Frantz against William Marbe and others, from a judgment for defendants, plaintiff appeals. Affirmed.

Kroyer & Austin, for appellant. J. Marks, for respondents.

Upon thoroughly credible evidence, the justice was well able to find that the agreement of sale upon whieli the plaintiff sues never existed, and that the admission of the existence of the contract sought to be spelled from the sending of a letter, was in fact no admission, in view of the acceptable testimony showing the circumstances under which the letter was sent. Judgment affirmed, with costs.