Maguire v. Durant — 48 N.Y. St. Rep. 937

Majority

p. 937

Charles H. Maguire, Resp’t, v. Frederick C. Durant, App’lt.

Appeal from judgment entered on a verdict of a jury in favor of plaintiff.

C. J. Hardy, for app’lt; Ten Eyck, Wendell & C. H. Slair, for resp’t.

The questions involved were purely those of fact which the jury, on satisfactory evidence, disposed of adversely to the defendant.

The bringing of the suit was a sufficient demand for the money claimed.

The price had been agreed upon, and it was the defendant’s duty to have found the plaintiff and tendered the specific sum due.

eIn this respect the case differs from Bunn v. Bett, 47 St. Rep., 77 , which is.! therefore, inapplicable. ' |

No error was committed at the trial and the judgment appealed from must he affirmed, with costs.

Van Wyck and McCarthy, JJ., concur.