Fiske v. Ernst

City of New York Municipal Court

Fiske v. Ernst

62 N.Y.S. 429

DecidedJanuary 26, 1900

StatusPublished

This text of 62 N.Y.S. 429 (Fiske v. Ernst) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fiske v. Ernst, 62 N.Y.S. 429 (N.Y. Super. Ct. 1900).

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Opinion

O’DWYER, J.

The evidence clearly showed a meeting of the minds of the parties upon all the terms of the lease. Nothing was left open. [430]*430All the terms having been definitely agreed upon, the formal execution of the lease was not necessary to the consummation of the contract. Defendant’s objection to the reading of the deposition of the witness Jones is without merit, but, if the objection was good, it is unavailable on appeal, as no exception was taken to the ruling.

The evidence fully justifies the verdict, and the judgment and order appealed from should be affirmed, with costs.

HASCALL, J., concurs.

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O’DWYER, J.

The evidence clearly showed a meeting of the minds of the parties upon all the terms of the lease. Nothing was left open. [430]*430All the terms having been definitely agreed upon, the formal execution of the lease was not necessary to the consummation of the contract. Defendant’s objection to the reading of the deposition of the witness Jones is without merit, but, if the objection was good, it is unavailable on appeal, as no exception was taken to the ruling.

The evidence fully justifies the verdict, and the judgment and order appealed from should be affirmed, with costs.

HASCALL, J., concurs.

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Bluebook (online)

62 N.Y.S. 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fiske-v-ernst-nynyccityct-1900.