Peerless Candy Co. v. Halbreich

Final order in favor of the tenant and judgment in favor of the tenant unanimously reversed upon the law and a new trial ordered, with thirty dollars costs to the appellant to abide the event.

It was error for the court to have excluded the agreement of March eleventh. It was proof of a settlement between the parties of the plaintiff’s claims for damages prior to that date. Aside from the question of settlement, the agreement of March eleventh and the work done pursuant thereto were proof of an intention on the *890part of plaintiff to waive the fraud. (Pryor v. Foster, 130 N. Y. 171.) If there…