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.