28 N.Y.S. 234 | N.Y. Sup. Ct. | 1894
The main question here is whether oral proof to the effect that the defendant agreed to pay the plaintiff $3,500, instead of $2,500, for the goods was admissible. The proposition of fact arising upon the conflicting evidence given in behalf of the •respective parties was properly submitted to the jury, unless they were concluded as to the price by the written bill of sale subscribed by the plaintiff. By that he states that the defendant bought the'