Schall v. Schwartz & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Schwartz & Company, Inc., ’ from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 13th day of June, 1917, upon the verdict of a jury.
1Opinion of the Court
Jenks, P. J.:
The learned court submitted to the jury the question whether the parties to the original lease both intended that the words “ disposes of ” should be “ is dispossessed ” or “ be dispossessed.” The verdict for the plaintiff imports that the jury found against the theory of mistake. The appellant at trial protested against such submission, and now insists that it was error. The proposition of the learned counsel for the appellant is that “ there was no conflict in the testimony upon said issue nor could different inferences be drawn therefrom,” and, therefore, the rule expressed in…
2Cases cited7 opinions
- Hull v. . LittauerNew York Court of Appeals · 1900
- Howland v. BlakeSupreme Court of the United States · 1878
- Ga Nun v. . PalmerNew York Court of Appeals · 1916
- Southard v. . CurleyNew York Court of Appeals · 1892
- Christopher & Tenth Street Railroad v. Twenty-third Street Railway Co.New York Court of Appeals · 1896
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3Cited by1 opinion
- 154 West 14th Street Co. v. D. A. Schulte, Inc.New York Supreme Court · 1923