City of New York Municipal Court, 1900

Fiske v. Ernst

Fiske v. Ernst
City of New York Municipal Court · Decided January 26, 1900 · Dwyer
62 N.Y.S. 429 (New York Supplement)

Counsel

B. H. Arnold, for appellant., Howard R. Bayne, for respondent.

Fiske v. Ernst

Opinion of the Court

O’DWYER, J.

The evidence clearly showed a meeting of the minds of the parties upon all the terms of the lease. Nothing was left open. *430All the terms having been definitely agreed upon, the formal execution of the lease was not necessary to the consummation of the contract. Defendant’s objection to the reading of the deposition of the witness Jones is without merit, but, if the objection was good, it is unavailable on appeal, as no exception was taken to the ruling.

The evidence fully justifies the verdict, and the judgment and order appealed from should be affirmed, with costs.

HASCALL, J., concurs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.