Schaaf v. Chotzen

Appellate Terms of the Supreme Court of New York

Schaaf v. Chotzen

85 N.Y.S. 1026

Appellate Terms of the Supreme Court of New York·Decided January 7, 1904·Published

Opinion

PER -CURIAM.

The plaintiff sued upon a contract and alleged performance. Instead of proving performance, as the law required him to do, he proves sickness as an excuse for nonperformance. Judgment was rendered for the plaintiff upon the ground that he had complied with the obligations of his contract. The judgment is clearly against the weight of evidence, and violates a well-settled rule of law.

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

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PER -CURIAM.

The plaintiff sued upon a contract and alleged performance. Instead of proving performance, as the law required him to do, he proves sickness as an excuse for nonperformance. Judgment was rendered for the plaintiff upon the ground that he had complied with the obligations of his contract. The judgment is clearly against the weight of evidence, and violates a well-settled rule of law.

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

Schaaf v. Chotzen, 85 N.Y.S. 1026 (N.Y. Ct. App. 1904).

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