Mischner v. Thalheim
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from a judgment of the Supreme Court, entered in the New York county clerk’s office November 20, 1917, in favor of the plaintiff upon the verdict of a jury for the sum of $5,019.19, and also from an order entered December 10,1917, denying a motion for a new trial.
1Opinion of the Court
Smith, J.:
The plaintiff sues upon a contract for services. There is a sharp conflict between the plaintiff and the defendant as to the terms of the contract. The plaintiff made claim for upwards of $14,000. The defendant denies any liability whatsoever. Prior to the commencement of this action there was an attempt made by the parties to arbitrate their claims. The plaintiff was allowed to show, under the objection and exception of the defendant, that, in negotiating for that arbitration, the defendant offered to settle his claim for $3,500 or $4,000, which was rejected by the plaintiff. That…
2Cases cited2 opinions
- Tennant v. . DudleyNew York Court of Appeals · 1895
- Franklin v. HoadleyAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Hawthorne v. Eckerson Co.Court of Appeals for the Second Circuit · 1935
- Hawthorne v. Eckerson Co.Court of Appeals for the Second Circuit · 1935