Allen v. McKinney Manufacturing Co.

Appellate Division of the Supreme Court of New York

Allen v. McKinney Manufacturing Co.

246 A.D. 572

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1935·Published

Opinion

Per Curiam.

There was presented a question of fact as to whether plaintiff had not fully performed so as to entitle him to compensation under his contract with the defendant.

It follows, therefore, that the judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.

Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Judgment dismissing the complaint at the close of plaintiff’s ease unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

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Per Curiam.

There was presented a question of fact as to whether plaintiff had not fully performed so as to entitle him to compensation under his contract with the defendant.

It follows, therefore, that the judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.

Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Judgment dismissing the complaint at the close of plaintiff’s ease unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

Allen v. McKinney Manufacturing Co., 246 A.D. 572 (N.Y. Ct. App. 1935).

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