C. Bahnsen & Co. v. Gerst

The Appellate Division by a non-unanimous decision affirmed the judgment entered upon the decision of the trial justice which directed a dismissal of the complaint. In a review of the determinations of the courts below we are required to award to plaintiff every favorable inference deducible from the evidence presented upon the trial on its behalf. The facts established disclose as alleged in the second paragraph of the complaint, that on January 20, 1920, by a written agreement entered into between the parties, the plaintiff agreed to sell to defend ant and the latter agreed to and did…