¶1 reads for reversal of order and judgment of General Term and affirmance of order of City Court of Brooklyn setting aside verdict and granting a new trial.
¶2 All concur.
¶3 Ordered accordingly.
63 N.Y. 642
Decided December 21, 1875
New York Court of Appeals · decided 1875-12-21
This action was brought, among other things, to recover damages for the alleged breach of a contract to transport a load of lumber to… Held: error; that defendants were not entitled to the damages; that under the contract, as claimed and proved by defendants, they were not bound to convey the lumber to Morris’ dock, and if they ‘ undertook to do so and met with an injury, plaintiff was not liable; that, if it was assumed that the prior, agreement made with defendants was…
Decided 1875-12-21