Opinion

Sageman v. Weir

109 N.Y.S. 43 · Appellate Terms of the Supreme Court of New York · Mar 5, 1908

Full text

SAGEMAN v. WEIR

Opinions in this case

Majority — Gildersleeve
Concurrence — MacLean

GILDERSLEEVE, P. J. The judgment rendered by the trial court shows that it was found, as a matter of fact, that the minds of the parties met in the agreement embraced in the receipt, so that its terms constitute the contract between the parties. This conclusion is supported by the evidence, and the case, therefore, falls within the rule laid down in Bernstein v. Weir, 40 Misc. Rep. 635, 83 N. Y. Supp. 48. The judgment should be affirmed, with costs to the respondent BISCHOFF, J., concurs.