Appellate Division of the Supreme Court of the State of New York June 15, 1911 (Pomerantz v. Pirozzi)

Plaintiff’s testimony, if true, establishes a contract by the defendants under which he was to perform the work at ’an agreed price. It is uncontradieted. There is nothing improbable in his testimony, and the court should not have rejected it. Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event.

Jenks, P. J., Hirsehberg, Burr, Woodward and Rich, JJ., concurred.