La Raus Associates v. Jules Chain Stores Corp.

274 A.D. 759, 79 N.Y.S.2d 924, 1948 N.Y. App. Div. LEXIS 3169

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 7, 1948
• Status: Published

Opinion

The verdict of the jury was against the weight of the evidence. Moreover, it was error under the circumstances, particularly in view of the nature of the alleged contract, to charge as matter of law that the vice-president and general manager had implied authority to bind defendant corporation (Bussing v. Lowell Film Productions, Inc., 233 App. Div. 493, affd. 259 N. Y. 593). Judgment unanimously ■ reversed and a new trial ordered, with costs to appellant to abide the event. Present — Glennon, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ.