Clark v. Livingstone

New York Court of Common Pleas

Clark v. Livingstone

8 N.Y.S. 102, 28 N.Y. St. Rep. 918, 1889 N.Y. Misc. LEXIS 2192

DecidedDecember 30, 1889

StatusPublished

This text of 8 N.Y.S. 102 (Clark v. Livingstone) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clark v. Livingstone, 8 N.Y.S. 102, 28 N.Y. St. Rep. 918, 1889 N.Y. Misc. LEXIS 2192 (N.Y. Super. Ct. 1889).

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Opinion

Per Curiam.

The only question raised on the appeal in this action is one of fact; and that is whether the contract to lay the pavement was absolute, or conditioned upon the plaintiff’s obtaining a similar contract from adjacent property holders. On this question there is a conflict of evidence; and while, to us, the weight seems to be in favor of defendant, yet plaintiff’s testimony is not inconsistent with itself, or-so overborne by the defendant’s as to permit us to reverse the judgment. It will therefore be affirmed, with costs.

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Per Curiam.

The only question raised on the appeal in this action is one of fact; and that is whether the contract to lay the pavement was absolute, or conditioned upon the plaintiff’s obtaining a similar contract from adjacent property holders. On this question there is a conflict of evidence; and while, to us, the weight seems to be in favor of defendant, yet plaintiff’s testimony is not inconsistent with itself, or-so overborne by the defendant’s as to permit us to reverse the judgment. It will therefore be affirmed, with costs.

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Bluebook (online)

8 N.Y.S. 102, 28 N.Y. St. Rep. 918, 1889 N.Y. Misc. LEXIS 2192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-livingstone-nyctcompl-1889.