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Green v. Smith

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1907
117 App. Div. 920 (N.Y. App. Div. 1907)

Opinion

February, 1907.

Present — Patterson, P.J., McLaughlin, Houghton, Scott and Lambert, JJ.


The case presented a question of fact which should have been submitted to the jury. There was evidence which would have sustained a finding that both parties agreed upon a sale on the basis testified to by the defendant, and that the amount which defendant in form agreed to pay was the result of an error of calculation. If this should be found to be the case, since the position of plaintiff has not been changed in consequence of the error, there is no reason why the mistake should not now be corrected.

The judgment should be reversed and a new trial granted, with costs to appellant to abide the event.


Judgment reversed, new trial ordered, costs to appellant to abide event. Order filed.


Summaries of

Green v. Smith

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1907
117 App. Div. 920 (N.Y. App. Div. 1907)
Case details for

Green v. Smith

Case Details

Full title:THOMAS L. GREEN, Respondent, v . JAMES G. SMITH, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 1, 1907

Citations

117 App. Div. 920 (N.Y. App. Div. 1907)