Williams v. Maden

9 Wend. 240 | N.Y. Sup. Ct. | 1832

By the Court,

Savage, Ch. J.

There is But one breach assigned, and that is the revocation of the powers of the arbitrators, which is a good breach and well assigned. If the plaintiff has specified items of damage which he is not entitled to recover, the question whether he is entitled to recover them will properly arise on the trial of the cause. The plaintiff is entitled to judgment, with leave to the defendant to plead on payment of costs.