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Cullings v. Goetz

256 N.Y. 287, 176 N.E. 397 (1931)

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Cullings v. Goetz

New York Court of Appeals
256 N.Y. 287, 176 N.E. 397 (1931)

Facts

Joseph Cullings (plaintiff) took his car to a garage for service and was injured by a defective sliding door. Edward Goetz (defendant), the owner of the business, leased the garage building from the Nickleys (defendants). Cullings filed a tort action against Goetz and the Nickleys. One of the issues at trial was whether the Nickleys had promised Goetz that they would fix the door. The trial court instructed the jury that if the Nickleys had promised to fix the door but had failed to do so, a verdict should be entered against Goetz and the Nickleys. After finding that the promise had been made and that the Nickleys had failed to repair the door, the jury entered a verdict against Goetz and the Nickleys. The Nickleys appealed, and the New York Supreme Court, Appellate Division reversed the trial court’s judgment. Cullings then appealed to the New York Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Cardozo, C. J.)

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