Yule v. Platt

GILDERSLEEVE, P. J.

(dissenting). It seems to me that the case turns upon a question of fact, viz.: Did defendant, after the wash tray bibbs had been stolen, promise to pay plaintiff for replacing them, upon the plaintiff’s refusal to replace them unless paid therefor ? The court below decided this question in favor of plaintiff, and I do not think we should-interfere with this finding.

The judgment should be affirmed, with costs.