Gair v. Auerbach

This action was brought to recover for goods sold and delivered. At the close of the plaintiff’s case, the court dismissed the complaint, on the ground that “the goods made and delivered were not according to the sample furnished and were not according to the first proof furnished by the plaintiff to the defendant,” and also on the ground that the plaintiff never completed the entire order. Plaintiff contends that this conclusion was not warranted by the evidence. On such a contention, it is our duty to examine the evidence, and to reverse the judgment if the conclusion is, in our opinion…