Rubel v. Stelljes

132 N.Y.S. 1145 | N.Y. App. Div. | 1911

Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event. There is a conflict of evidence as to what occurred on the thirteenth of May, but, giving to defendants the full benefit of the evidence introduced on their behalf, it fails to establish such unreasonable delay on the part of plaintiffs in delivering ice as would justify defendants in terminating the contract. Jenks, P. J., Burr, Thomas, Carr and Woodward, JJ., concurred.