J. Dickman & Co. v. Berlin

Appellate Terms of the Supreme Court of New York

J. Dickman & Co. v. Berlin

116 N.Y.S. 552

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 7, 1909

StatusPublished

This text of 116 N.Y.S. 552 (J. Dickman & Co. v. Berlin) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

J. Dickman & Co. v. Berlin, 116 N.Y.S. 552 (N.Y. Ct. App. 1909).

Pincite

Opinion

PER CURIAM.

Plaintiff bought a horse of defendant and paid him $50 therefor at the time óf purchase. The uncontradicted evidence is that defendant warranted the horse to be kind, good-winded, and to do good work; and defendant agreed to take him back at any time if the Horse were found to be otherwise. The plaintiff claims, without any specific contradiction, that the horse balked and would not do good work, and the horse was returned to defendant’s place, where it apparently still remains.' The plaintiff sues to recover the purchase price. The court found for defendant. Plaintiff appeals. The judgment is clearly against the evidence, and must be reversed.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event. ' ’. -

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PER CURIAM.

Plaintiff bought a horse of defendant and paid him $50 therefor at the time óf purchase. The uncontradicted evidence is that defendant warranted the horse to be kind, good-winded, and to do good work; and defendant agreed to take him back at any time if the Horse were found to be otherwise. The plaintiff claims, without any specific contradiction, that the horse balked and would not do good work, and the horse was returned to defendant’s place, where it apparently still remains.' The plaintiff sues to recover the purchase price. The court found for defendant. Plaintiff appeals. The judgment is clearly against the evidence, and must be reversed.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event. ' ’. -

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Bluebook (online)

116 N.Y.S. 552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-dickman-co-v-berlin-nyappterm-1909.