106 N.Y.S. 1099 | N.Y. App. Term. | 1907
The action was brought to recover for goods sold and delivered. The answer contains a general denial. The plaintiff in his behalf testified that he sold to the defendant certain bluestone to be used in the latter’s building then in process of erection. The defendant admits that blue-
The judgment for defendant was erroneously awarded and must be reversed and a new trial ordered.
Gilbersleeve and Leventritt, JJ., concur.
Judgment reversed and new trial ordered, with costs to appellant to abide event.