Doll v. Goellner Furniture Co.
New York Supreme Court
Appeal from City Court of Buffalo. Action by Anthony Doll and another against the Goellner Furniture Company. From a judgment of the City Court for defendant, plaintiffs appeal. Reversed, and new trial ordered.
1Opinion of the CourtWheeler, J.
The complaint sets forth a cause of action for a breach of a written contract, by the terms of which the plaintiffs agreed to furnish the defendant two cuts and reading matter weekly for advertising purposes. The plaintiffs offered certain evidence on the trial, which would have entitled them to a judgment in their favor, unless the failure to prove a copartnership between them required a dismissal of the complaint. The defendant offered no evidence, and the trial court dismissed the plaintiffs’ complaint, but not on its merits. As a ground for the dismissal, the court expressly stated:
“That…
2Cases cited3 opinions
- Millerd v. . ThornNew York Court of Appeals · 1874
- Talbot v. . LaubheimNew York Court of Appeals · 1907
- Barnes v. American China Development Co.Appellate Division of the Supreme Court of the State of New York · 1909