Appellate Division of the Supreme Court of the State of New York January 15, 1925 (Haves Realty Corp. v. Colton)

This case is an equitable one, and the issue presented a question of fact between the contending parties. At the end of plaintiff’s ease the court undoubtedly had the right to dismiss if the plaintiff failed to make out a cause of action which satisfied the court’s conscience. The procedure followed here was a little unusual.