Breakstone v. Buffalo Foundry & Machine Co.

When this case came on for trial the court ruled that it would hold that the time within which defendant had to regain possession of the machine and advertise the sale did not begin to run until the defendant had time by the use. of ordinary diligence to regain full possession of the machine. Plaintiffs’ counsel, it seems, mistakenly concluded that the ruling disposed of plaintiffs’ case and so stated; thereupon the complaint was dismissed. Then plaintiffs’ counsel moved for a new trial upon the ground of his mistake in making such a statement. I think that a new trial should be granted■…