Gutman v. Fligel

Mullan, J. (concurring).

I think the trial judge was right in holding that there was no proof that the goods delivered to and retained by the defendants were delivered under any contract proved. But I think the plaintiffs’ motion for leave to open up the case and put in that missing proof should have been granted. For that reason I concur, and vote for reversal and new trial.

Judgment reversed and new trial ordered, with costs to appellants to abide event.