Wagner Trading Co. v. Radillo

The complaint was dismissed at the close of plaintiff’s case for failure of proof, and, therefore, it was improper to enter a judgment dismissing the complaint upon the merits. The judgment should be modified by striking out the words “ upon the merits,” and as so modified affirmed, without costs. Present — Clarke, P. J., Dowling, Page, Merrell and Finch, JJ. Judgment modified by striking out the words “ upon the merits,” and as so modified affirmed, without costs.