Allen v. McWalters
129 N.Y.S. 1111 | N.Y. App. Term. | 1911
We think that it was error on the part of "the trial justice to exclude the testimony offered by the plaintiff, upon the trial, tending to show that the contract upon which the plaintiff’s cause of action rested, as set up in the complaint, was .made with the defendant and a duly authorized agent of the plaintiff, and for that reason there must be a new trial. Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event.
