Barron v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Brooklyn Heights Railroad Company, from a judgment of the County Court of Kings county in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 26th day of October, 1911, upon'the verdict of a jury, and also from an order entered in-said clerk’s office on the 6th day of November, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Thomas, J.:
Plaintiff has recovered a balance found due for brushes delivered by his firm to the defendant under a contract in writing in the form of a proposal by defendant on Novem-i ber twelfth and an acceptance by plaintiff’s firm on November *8461Y, 1903. The court erroneously allowed evidence of preliminary conversations merged in the contract, and evidence of modification of the contract by conversations between the vendors or their agent, and one Gove, a person in defendant’s employment, unauthorized to contract for it. Gove was in defendant’s mechanical department, and dissociated from any…
2Cited by1 opinion
- Dobbs v. Prudden-Winslow Co.Appellate Terms of the Supreme Court of New York · 1916