Prahler v. Gatchel

Appellate Division of the Supreme Court of New York

Prahler v. Gatchel

173 A.D. 999, 159 N.Y.S. 1137

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1916

StatusPublished

This text of 173 A.D. 999 (Prahler v. Gatchel) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Prahler v. Gatchel, 173 A.D. 999, 159 N.Y.S. 1137 (N.Y. Ct. App. 1916).

Pincite

Opinion

Order reversed, with costs, and verdict reinstated, and complaint amended to conform to proof. Held, that inasmuch as evidence of refusal by defendant to perform his contract, thereby waiving tender for inspection and approval, was received without objection by defendant on the ground that such evidence was inadmissible under the complaint, because not pleaded, the trial court should have ordered the complaint to be amended to conform to the proof. All concurred.

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Order reversed, with costs, and verdict reinstated, and complaint amended to conform to proof. Held, that inasmuch as evidence of refusal by defendant to perform his contract, thereby waiving tender for inspection and approval, was received without objection by defendant on the ground that such evidence was inadmissible under the complaint, because not pleaded, the trial court should have ordered the complaint to be amended to conform to the proof. All concurred.

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Bluebook (online)

173 A.D. 999, 159 N.Y.S. 1137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prahler-v-gatchel-nyappdiv-1916.