G. Goldberg & Sons, Inc. v. Gilet Building Corp.

This is an action in replevin. It was tried at Trial Term by the court without a jury. The parties waived a jury and the making of findings and conclusions and consented that the court direct a verdict and judgment on the merits. The facts were agreed upon by written stipulation marked in evidence. (Plaintiff’s Exhibit 1.) Plaintiff claims that “ by stipulation this case has been removed from its common law aspects as a replevin suit and has been converted into an equity case in which the court is asked to amend all pleadings as required and render judgment without technicalities and upon the…