Order of Onondaga County Court and judgments of Syracuse Municipal Court reversed on the law and facts and a new trial granted in Syracuse Municipal Court with costs to the appellant to abide the event.
Memorandum:
The Trial Judge erred in requiring plaintiff to elect whether to proceed in contract or in fraud, particularly after the parties had opened to the jury. The two theories are neither inconsistent nor mutually exclusive. Much of the proof is common...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
