New York Court of Appeals

John Dillon, Respondent v. Absalom L. Anderson, Appellant

December 20, 187043 N.Y. 231

Summary

The Court of Appeals held that a written contract signed by the two parties is enforceable even though a third named party did not sign, that the defendant could not escape liability by asserting an unexpressed intent not to be bound, that a witness may not be questioned about his undisclosed intent, and that notice of rescission given to an authorized agent suffices as notice to the principal. Accordingly, the lower court's judgment was reversed and a new trial ordered.