Gruel v. Yetter
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the General Term of the City Court, affirming a judgment in favor of the plaintiff and against the defendant, entered upon the verdict of a jury, and from the order of affirmance of the General Term.
1Opinion of the CourtFreedman, P. J.
The judgment entered upon the verdict having been affirmed by the General Term of the Oity Court, we cannot consider the weight of evidence. There is sufficient evidence to sustain the judgment upon a breach of contra.ct.
If it were necessary, and the complaint would permit it, the judgment could even be sustained on the theory that the evidence sufficiently established a cause of action based on false representations. This was done on substantially the same state of facts in Dietz v. Yetter, 34 App. Div. 453. There is no evidence that the plaintiff waived the condition as .to the fire-proof…
2Cases cited1 opinion
- Dietz v. YetterAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- People v. HertzNew York Court of General Session of the Peace · 1901