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KLAGER v. SEXTON

15 A.D.2d 731 (1962)

Curtis J. Klager et al., Appellants, v. Jeffrey H. Sexton, Doing Business as Kenmore Heating Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 10, 1962

Judgment unanimously reversed on the law and a new trial granted, with costs to the appellants to abide the event.

Memorandum:

Implicit in our former decision (8 A.D.2d 768) was the holding that the evidence presented a question of fact which required submission to the jury. The evidence introduced upon the second trial was substantially the same as that upon the first trial and the case should have been submitted...

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