Appellate Division of the Supreme Court of New York, 1935

Allen v. McKinney Manufacturing Co.

Allen v. McKinney Manufacturing Co.
Appellate Division of the Supreme Court of New York · Decided November 15, 1935
246 A.D. 572
Allen v. McKinney Manufacturing Co.

Opinion of the Court

Per Curiam.

There was presented a question of fact as to whether plaintiff had not fully performed so as to entitle him to compensation under his contract with the defendant.

It follows, therefore, that the judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.

Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Judgment dismissing the complaint at the close of plaintiff’s ease unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

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