¶1Judgment and order reversed and new trial granted, costs to abide the event. The jury was instructed, perhaps unnecessarily, that they must find an express contract. There was no evidence to prove such a contract. The verdict cannot stand. Jenks, P. J., Carr, Stapleton and Putnam, JJ., concurred; Rich, J., not voting.
175 A.D. 903
Dooley v. Seaman
Appellate Division of the Supreme Court of the State of New York
Decided October 15, 1916
Appellate Division of the Supreme Court of the State of New York · decided 1916-10-15
Decided 1916-10-15