Miller v. Benjamin , 51 N.Y. St. Rep. 750 ( 1893 )

PRATT, J.

The testimony would warrant the jury in believing that the mistakes alleged in delivery of goods, if they existed, were trifling in number and amount; that the plaintiffs stood ready to correct them; and that defendants seized upon them as pretexts to avoid a contract whose execution would result in loss. The-charge of the court correctly stated the law. The verdict was justified by the evidence.

Judgment affirmed, with costs. All concur.