Wildrick v. Heyshem
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Heyshem, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the- county of Steuben on the 3d day of February, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment and order should be reversed and a new trial granted, with costs to appellant to abide event.
The action was to recover damages for' breach of contract to deliver cattle, alleged to have been sold by defendant to plaintiff. The total purchase price was $465. The verdict rendered by the *516jury was for-$100. The questions presented upon this appeal are of law and not of fact. So far as the facts were submitted to the jury we see ho reason for interfering with their determination thereof.
The defendant, however, alleged that the contract, if made, was not by or with himself…
2Cases cited2 opinions
- New York Fastener Co. v. WilatusAppellate Division of the Supreme Court of the State of New York · 1901
- Sparks v. FogartyAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Alaska Banking & Safe Deposit Co. v. Van WyckAppellate Division of the Supreme Court of the State of New York · 1911