Sammis Clark, Inc. v. Hawkins

Full title: SAMMIS CLARK, INC., Appellant, v. WILLIAM E. HAWKINS, Respondent

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

Date published: Feb 1, 1930

228 App. Div. 792 (N.Y. App. Div. 1930)

Opinion

February, 1930.

Judgment reversed upon the law and the facts, and a new trial granted, costs to appellant to abide the event. It was error to exclude proof of facts which tended to show that it was unlikely that defendant had refused to deal with plaintiff and Kupfer because defendant did not have a survey. Lazansky, P.J., Young, Hagarty and Scudder, JJ., concur; Rich, J., dissents and votes to affirm.