Telford v. Parker — 91 N.Y.S. 1115

Majority

p. 1115

TELFORD, Respondent, v. PARKER, Appellant.

(Supreme Court, Appellate Division, Third Department.

November 22, 1904.)

Headnote

Action by Charles T. Telford against George A. Parker.

Judgment and order unanimously affirmed, with costs. The' evidence that the defendant had knowledge that the plaintiff was the secretary of a temperance organization and that his term had not expired, while not competent to vary the terms of the written con

p. 1116

tract, was competent on the question of defendant’s estoppel from asserting a breach of the contract.