Lee v. Mark C. Tredennick Co. ( 1925 )

Peb Curiam.

Although the evidence does not satisfactorily establish that defendant’s failure to construct the trimmer arch was the cause of the fire, defendant having concededly breached its contract it Was error to award judgment to defendant, carrying as it does the statutory costs.

Judgment reversed, with thirty dollars costs, and judgment directed for plaintiff for six cents.

Present, Bijur, Levy and Churchill, JJ.