Berger v. Rifkin

Heard on plaintiff’s motion for new trial after verdict for defendant.

This is an action by a dentist to recover for work done and materials furnished in pursuance of an express oral contract with defendant for dep-tal work for the latter’s wife.

Plaintiff’s testimony was that work was to be done and materials were to be furnished for $950, while defendant said that the price agreed upon was $800. The testimony upon this issue of the case was conflicting and the Court’s opinion is that the jury’s verdict is not against the weight of the testimony bearing upon this issue.

It was not questioned…