89 A.D. 289
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1903
Appellate Division of the Supreme Court of the State of New York · decided 1903-12-15
Appeal by the defendants, George E. Hertz and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 29th day of September, 1902, upon the verdict of a jury, and also from an •order entered in said clerk’s office on the 26th day of September, 1902, denying the defendants’ motion for a new trial made upon the minutes.
Decided 1903-12-15
¶1I concur. I think there is an additional ground for reversal of the judgment and order. In view of the conflict in the evidence as to the scope and extent of the authority of the defendants’ foreman, I think it was error to charge the jury, as matter of law, that he was their agent with power to make or vary contracts.
¶2Judgment and order reversed and new trial granted, costs to abide the event.