Dickerson v. Wayne Kratzer & Co.

97 N.Y.S. 1132

Opinions

SCOTT, P. J.

There is absolutely no proof of damage in the case. By the judgment appealed from the plaintiff would still own the automobile, for there is neither allegation nor proof of a sale to defendant, and would recover its full value from defendant. The judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event.