Leventhal v. H. Horton & Co.

261 A.D. 1114, 27 N.Y.S.2d 773, 1941 N.Y. App. Div. LEXIS 9021

Opinion

— ■ Appeal from judgment in favor of plaintiff in an action for commissions as a salesman. The proof does not sustain the judgment. The judgment should be reversed on the facts and for errors in the charge. Judgment reversed on the law and facts and new trial granted, with costs to abide the event. Hill, P. J., Crapser, Hefiernan and Foster, JJ., concur; Schenck, J., dissents.