Order of the Appellate Term and judgment and order of the Civil Court reversed on the law and a new trial granted, with costs to abide the event.
In our opinion it was error to refuse to admit into evidence the contract for the sale of the oil burner. The contract shows that plaintiff's brother and not the defendant was the contracting party. This document signed by the witness, Arcaro, was inconsistent with Arcaro's testimony on who was the contracting party. It...
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