Feinman v. Weil

In this action brought by vendees against vendor to recover the purchase price paid, plaintiffs’ proofs made out a prima facie case of breach of warranty, and the court denied defendant’s motion made at the close of plaintiffs ’ evidence for the dismissal of the complaint. Defendant then went on the stand and testified to facts which negative the existence of a warranty. During the cross-examination of the defendant a recess was declared, and after a conference between the court and the attorneys the defendant left the witness stand and the plaintiff Sidney Feinman, recalled as a witness,…