Contracts · MBE-tested
Thomas Hughes, Appellant, v. Realty Accumulating Company and Great Kills Improvement Company, Respondents
219 A.D. 831·New York Supreme Court, Appellate Division·1927·NY
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Opinion
Thomas Hughes, Appellant, v. Realty Accumulating Company and Great Kills Improvement Company, Respondents.
[MAJORITY]
Judgment reversed upon the law, and new trial granted, costs to appellant to abide the event, because of errors made by the trial court in excluding plaintiff’s testimony upon the theory that there could be no recovery on the contracts alleged for the services rendered, in the absence of proof of the adoption of a formal resolution by the board of directors employing the plaintiff. Kelly, P. J., Manning, Young, Lazansky and Hagarty, JJ., concur.