Dooley v. Seaman , 175 A.D. 903 ( 1916 )

Judgment and order reversed and new trial granted, costs to abide the event. The jury was instructed, perhaps unnecessarily, that they must find an express contract. There was no evidence to prove such a contract. The verdict cannot stand. Jenks, P. J., Carr, Stapleton and Putnam, JJ., concurred; Rich, J., not voting.