45 N.Y.S. 946 | N.Y. App. Div. | 1897
The determination of this case turned upon the question whether the defendant in his negotiations with the plaintiff acted as principal
The evidence upon the subject is without practical dispute,' The defendant testified that the plaintiff spoke to him about the trade, and that he informed him that Mrs. Willets would not have the machine; that'thereupon plaintiff stated: “ I’ll show her; I’ll make her pay for it; I’ll put it in Lawyer Steinert’s hands.” The statement of the witness is not so full upon his cross-examination in relation to this matter and is quite consistent with the plaintiff’s present attitude. But it does not conflict with the quoted words in such
The judgment should be reversed and a new trial granted, costs to abide the event.
All concurred.
Judgment and order reversed and new trial granted, costs to abide the event.