Contracts · MBE-tested
David Ansin, Respondent, v. Leo M. Cooper, Impleaded with Gerson Kaufmann, Appellant
189 A.D. 928·New York Supreme Court, Appellate Division·1919·NY
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Opinion
David Ansin, Respondent, v. Leo M. Cooper, Impleaded with Gerson Kaufmann, Appellant.
Appeal from a judgment of the Supreme Court in favor of the plaintiff, entered in the New York county clerk’s office November 20, 1918, upon the verdict of the jury.
[MAJORITY — Per Curiam:]
Per Curiam:
The plaintiff failed to prove a contract for the sale of the eighteen eases of goods, which was alleged to be the basis of his cause of action. The complaint should have been dismissed upon defendant’s motion at the close of the plaintiff’s case, which was renewed at the end of the ease. The judgment should be reversed, with costs to appellant, and complaint dismissed, with costs. Present — Clarke, P. J., Laughlin, Dowling, Page and Merrell, JJ. Judgment reversed, with costs, and complaint dismissed, with costs.