New York Architectural Terra Cotta Co. v. Eden

The Superior Court of New York City

New York Architectural Terra Cotta Co. v. Eden

52 N.Y. St. Rep. 942

CourtThe Superior Court of New York City

DecidedMay 9, 1893

StatusPublished

This text of 52 N.Y. St. Rep. 942 (New York Architectural Terra Cotta Co. v. Eden) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

New York Architectural Terra Cotta Co. v. Eden, 52 N.Y. St. Rep. 942 (N.Y. Super. Ct. 1893).

Pincite

Opinion

Fitzsimons, J.

The testimony admitted establishes a sale, delivery and use-by defendant of the terra cotta mentioned in the order of defendant, dated 19th of July, 1889, by plaintiff to defendant.

It does not vary from the allegation of the complaint, and sustains the same; sufficient facts were presented by said testimony to warrant its submission to' the jury for consideration.

It was, therefore, error for the trial justice to dismiss the complaint.

Judgment reversed, a new trial ordered, with costs to appellant to abide event of action.

Ehrlich, Oh. J.. concurs.

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