Tickner v. Allen

—Order unanimously reversed, on the law and facts, with costs, and verdict reinstated. Memorandum: Plaintiff asserts that it was error for the trial court to set aside a jury verdict in her favor in the amount of $2,189.25. Plaintiff’s complaint alleged that defendant, who operated the box office at the Temple Civic Center in Rochester, New York, broke his oral contract to turn over to her money which he collected in connection with two performances of the Marine Corps Band which she sponsored in October, 1975, and that, based upon her estimates of attendance, $4,378.50 in ticket proceeds was…