Braude & McDonnell, Inc. v. Isadore Cohen Co.

Lynch, Judge :

T'his writ requires the review of a judgment for defendant upon a motion for judgment by plaintiff, based upon a sale and delivery of diamonds by it to defendant September 5, 1919. The transaction began and terminated on the same day, ending with the actual transfer by the seller of the possession of the property sold. After the parties had introduced their proof, plaintiff demurred to defendant's evidence, and, having considered the questions arising upon the demurrer, the court overruled it and entered the judgment complained of. In order better to comprehend the real gist of…