¶1Plaintiff’s testimony, if true, establishes a contract by the defendants under which he was to perform the work at ’an agreed price. It is uncontradieted. There is nothing improbable in his testimony, and the court should not have rejected it. Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event.
145 A.D. 932
Pomerantz v. Pirozzi
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 1911
Appellate Division of the Supreme Court of the State of New York · decided 1911-06-15
Decided 1911-06-15