¶1The ear sold in September, 1920, was model forty-six for the year 1921. Proof of a drop of price in model forty-six for the year 1922 was not proof of a decrease in price of the article sold. The defendant was, therefore, entitled to a directed verdict. As the jury found only such a verdict as should have been directed, the unnecessary and improper remarks made by defendant’s counsel were harmless. Judgment and order unanimously affirmed, with costs.
206 A.D. 722
Rosenthal v. Geraghty
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1923
Appellate Division of the Supreme Court of the State of New York · decided 1923-05-15
Decided 1923-05-15