Gibbons v. Hansch

Defendants appeal from the order denying their motion for a new trial.

Plaintiff’s right to recover on the promissory note sued on is conceded. Defendants set up a counterclaim, which was dismissed without prejudice; and the refusal of the court to receive evidence as to this counterclaim, after the introduction of a written contract whereby plaintiff sold her one-third interest in a partnership operating a laundry, raises the only question upon this appeal.

By the contract plaintiff sold to the two individual defendants all her right, title, and interest in the laundry and dry cleaning…