Waldheim v. Sonnenstrahl

City of New York Municipal Court

Waldheim v. Sonnenstrahl

7 Misc. 738

City of New York Municipal Court·Decided July 1, 1894·Published

Opinion

Fitzsimons, J.

The plaintiff’s testimony certainly shows that he failed to comply with the covenant in the' guaranty which provided that defendant should be notified by postal card if Ginns did not pay five dollars each week on account of the goods sold. But the testimony also shows that defendant, after Ginns’ default, waived that provision.

Therefore, the judgment was light, and must be affirmed, with costs.

Ehrlioh, Ch. J., and Van Wyok, J., concur.

Judgment affirmed, with costs.

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Fitzsimons, J.

The plaintiff’s testimony certainly shows that he failed to comply with the covenant in the' guaranty which provided that defendant should be notified by postal card if Ginns did not pay five dollars each week on account of the goods sold. But the testimony also shows that defendant, after Ginns’ default, waived that provision.

Therefore, the judgment was light, and must be affirmed, with costs.

Ehrlioh, Ch. J., and Van Wyok, J., concur.

Judgment affirmed, with costs.

Waldheim v. Sonnenstrahl, 7 Misc. 738 (N.Y. Super. Ct. 1894).

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