Acme Pattern & Machine Co. v. Ruchte
Appellate Division of the Supreme Court of the State of New York
1Per curiam
There is some evidence that certain items of material for which plaintiff claims payment were not furnished. The evidence offered by plaintiff to support its claim as to the reasonable value of services rendered was the opinion of an expert witness who was an officer of the plaintiff. Under these circumstances, it was error for the trial court to charge the jury that if they found for plaintiff their verdict was bound to be for the full amount demanded in the complaint. 'What materials were furnished, what labor was performed, and what the reasonable value thereof was, were questions of fact…
2Cases cited2 opinions
- Reves v. HydeNew York Court of Common Pleas · 1888
- Campbell v. LudinAppellate Terms of the Supreme Court of New York · 1907