Water Supervision Co. v. Empire Holding Co.

Appellate Division of the Supreme Court of New York

Water Supervision Co. v. Empire Holding Co.

159 N.Y.S. 1149

Appellate Division of the Supreme Court of the State of New York·Decided May 26, 1916·Published

Opinion

PER CURIAM.

Plaintiff sued for services rendered pursuant to a contract. It failed to prove that the contract was signed by a person thereto duly authorized by the defendant, or that it had been ratified, or even that any services had been rendered. The complaint was properly dismissed, but the dismissal should not have been on the merits. Judgment modified, by striking therefrom the words “upon the merits,” and as so modified, affirmed, without costs of the appeal to either party. All concur.

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PER CURIAM.

Plaintiff sued for services rendered pursuant to a contract. It failed to prove that the contract was signed by a person thereto duly authorized by the defendant, or that it had been ratified, or even that any services had been rendered. The complaint was properly dismissed, but the dismissal should not have been on the merits. Judgment modified, by striking therefrom the words “upon the merits,” and as so modified, affirmed, without costs of the appeal to either party. All concur.

Water Supervision Co. v. Empire Holding Co., 159 N.Y.S. 1149 (N.Y. Ct. App. 1916).

Pincite

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