New York Court of Appeals
Alsens American Portland Cement Works, Appellant v. Degnon Contracting Company, Respondent
November 27, 1917222 N.Y. 34
Summary
The New York Court of Appeals reversed the trial court's directed verdict and ordered a new trial, holding that the issue of whether the plaintiff waived the contract's time limitation was a factual question for the jury. The Court found the evidence on waiver was inconclusive and thus required jury determination.