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62 N.Y.S. 429

Fiske v. Ernst

City of New York Municipal Court

Decided January 26, 1900

City of New York Municipal Court · decided 1900-01-26

Action by Robert T. P. Fiske against 'Carl Ernst. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals.

Affirmed · Decided 1900-01-26

O’DWYER, J.

¶1The evidence clearly showed a meeting of the minds of the parties upon all the terms of the lease. Nothing was left open. *430All the terms having been definitely agreed upon, the formal execution of the lease was not necessary to the consummation of the contract. Defendant’s objection to the reading of the deposition of the witness Jones is without merit, but, if the objection was good, it is unavailable on appeal, as no exception was taken to the ruling.

¶2The evidence fully justifies the verdict, and the judgment and order appealed from should be affirmed, with costs.

¶3HASCALL, J., concurs.

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