223 A.D. 96 | N.Y. App. Div. | 1928
In a contract, by which the plaintiff agreed to buy and the defendant to sell certain real estate, the defendant
The case should be retried with the evidence which was stricken out presented for the jury’s consideration under proper instructions.
The judgment and order should, therefore, be reversed and a new trial ordered, with costs to appellant to abide the event.
Dowling, P. J., McAvoy and Martin, JJ., concur; Merrell, J., dissents.
Judgment and order reversed and new trial ordered, with costs to the appellant to abide the event.