Daniels v. Cohen

The report states that the action is one of contract or tort for the “ alleged breach of an oral agreement to make repairs as a part of the consideration to enter into a written lease ”; it also states that “ At a former trial there was a finding for the plaintiff in contract and on appeal to the Appellate Division the case was remanded back for new trial solely on the question of damages.” There was a finding for the plaintiff. In the Appellate Division the report was dismissed. The case is here on the defendant’s appeal. The declaration alleges that the defendant agreed with the plaintiff,…