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33 Misc. 753

Thomann v. Massetl

Appellate Terms of the Supreme Court of New York · decided 1900-11-15

<p>Appeal by plaintiff from a judgment of the Municipal Court of the city of Mew York, borough of Manhattan.</p>

Decided 1900-11-15

Per Curiam.

¶1While the writing in this case evidenced part of the engagement of the parties, it manifestly does not cover the subject which was especially litigated upon the trial, namely, the understanding as to the weight of the article to be made by the plaintiff. This subject was presented to the court on conflicting evidence, and with the conclusion reached below, we see no reason for interfering.

¶2Present: Bebkmast, P. J., Giegericii and O’Gormam, JJ.

¶3Judgment affirmed, with costs.

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