Difuria v. Wallace

Appellate Division of the Supreme Court of New York

Difuria v. Wallace

166 A.D. 967, 151 N.Y.S. 1112

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1915·Published

Opinion

Judgment and order reversed and new trial granted, with costs to appellant to [968]*968abide event. Held, that the evidence presented a question of fact as to the refusal of the defendant to perform, thereby relieving the plaintiff from the tender of the purchase price, and that the credibility of the plaintiff’s testimony, under the circumstances of this case, was for the jury. (See Mendoza v. Levy, 111 App. Div. 449, and cases cited.) All concurred.

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Judgment and order reversed and new trial granted, with costs to appellant to [968]*968abide event. Held, that the evidence presented a question of fact as to the refusal of the defendant to perform, thereby relieving the plaintiff from the tender of the purchase price, and that the credibility of the plaintiff’s testimony, under the circumstances of this case, was for the jury. (See Mendoza v. Levy, 111 App. Div. 449, and cases cited.) All concurred.

Difuria v. Wallace, 166 A.D. 967, 151 N.Y.S. 1112 (N.Y. Ct. App. 1915).

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Opinion

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