Appellate Division of the Supreme Court of New York, 1932

Woods v. C. E. Mills Oil Co.

Woods v. C. E. Mills Oil Co.
Appellate Division of the Supreme Court of New York · Decided June 15, 1932
236 A.D. 712
Woods v. C. E. Mills Oil Co.

Opinion of the Court

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.

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