92 N.Y.S. 1089 | N.Y. App. Div. | 1905
The merits of this case are altogether with the plaintiff, and he is undoubtedly entitled to recover something for the breach of a contract made between him and the defendant. That contract was in writing. The defendant was the lessee and proprietor of hotel property at Coney Island, and he agreed with the plaintiff to allow the latter to erect kiosks around a loop in front of his property and do business therein. These kiosks or booths were
It is urged, however, that from the amount of the verdict it is apparent that the jury ignored all evidence relating to rental value of the booths or to gross receipts that might have been realized from business had it been carried on in those booths; but that is a pure assumption. It is impossible to say what influence this evidence may have had upon the minds of the jurors on the whole case.
The judgment an'd order appealed from should therefore be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.