General
Frank L. Woods and Others, Respondents, v. C. E. Mills Oil Company, Appellant
236 A.D. 712·New York Supreme Court, Appellate Division·1932·NY
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Opinion
Frank L. Woods and Others, Respondents, v. C. E. Mills Oil Company, Appellant.
Affd., 260 N. Y. 595.
[MAJORITY]
Judgment reversed on the facts and a new trial granted, with costs to the appellant to abide the event, upon the ground that finding of fact No. 5 is against the weight of the evidence, unless the plaintiffs shall, within ten days, stipulate to modify finding of fact No. 5 so as to fix the valúe of the services at $20,000, in which case such finding and the judgment are modified accordingly and the judgment, as so modified,-is affirmed, without costs of this appeal to either party. All concur, except Edgcomb and Thompson, JJ"., who dissent and vote for affirmance.