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Peck v. Dieterich

62 N.Y. St. Rep. 870 Court N.Y. Gen. Term Decision date 1894-07-14 English

Delivered by Mayham, P. J.

Contents

Majority

p. 870
Arthur R. Peck, App’lt, v. Johanna Dieterich et al., as Executors, etc., Resp’ts.
Jacob W. Clute, for app’lt; Walter Briggs, for resp’ts.

While the order for the cash register, signed by the defendant, referred to a sample machine exhibited to him at the time of signing the same, it also contained a provision that the register was-to be delivered in good working condition. There was evidence before the jury from which they could reasonably find that that provision of the order was not complied with. The jury having reached that conclusion by their verdict, we think the county court was right in affirming the judgment entered upon this verdict, within § 3068 of the Code of Civil Procedure. Judgment affirmed, with costs.