McCreery v. Harral Soap Co.

The plaintiff’s right to recover on the facts is clearly limited to the sum of $7.23. That fact was conceded, but overlooked on the first argument. As no power exists to correct the judgment in that regard, the judgment (141 App. Div. 922, 125 N. Y. Supp. 1129) is reversed on reargument, without costs, and a new trial ordered. See, also, 127 N. Y. Supp. 1130.