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21 N.Y.S. 1116

Miller v. Benjamin

New York Supreme Court

Decided February 13, 1893

New York Supreme Court · decided 1893-02-13

Action by William H. Miller, Nathan H. Van Winkle, and Edgar L. Miller against Edward Benjamin and Alfred Benjamin. From a judgment for plaintiffs, rendered on a verdict of a jury, and from an order denying a motion for a new trial on the minutes, defendants appeal. Affirmed.

Decided 1893-02-13

PRATT, J.

¶1The testimony would warrant the jury in believing that the mistakes alleged in delivery of goods, if they existed, were trifling in number and amount; that the plaintiffs stood ready to correct them; and that defendants seized upon them as pretexts to avoid a contract whose execution would result in loss. The-charge of the court correctly stated the law. The verdict was justified by the evidence.

¶2Judgment affirmed, with costs. All concur.

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