Braumann v. Vanderpoel
Appellate Terms of the Supreme Court of New York
Appeal from a judgment dismissing the complaint of the plaintiff in the Second District Municipal Court of the city of New York. The pleadings in the court below were oral, the plaintiff complaining for services performed and materials furnished by a female other than a domestic. The answer was “ Tender $10.64, $2 costs, and 26 cents interest.”
1Opinion of the CourtFreedman, P. J.
The pleadings were oral and the only issue raised arose on a plea of tender. No evidence concerning it was given, and, assuming there was some tender, it does not appear whether it was made before or after suit brought. This question *787should have been properly determined npon competent evidence and a proper judgment rendered. If, then, the proof had shown that the tender was made before suit and that it was sufficient, the judgment should have been rendered in defendant’s favor. But if the tender was made after suit brought, the plaintiff should have had judgment for the amount due her. This…
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