Eastern Rock Products, Inc. v. Riteway Construction Corp.

Appellate Division of the Supreme Court of New York

Eastern Rock Products, Inc. v. Riteway Construction Corp.

244 A.D. 759

Appellate Division of the Supreme Court of the State of New York·Decided April 15, 1935·Published

Opinion

Judgment reversed on the law and the facts, with costs, and complaint dismissed, with costs. Certain findings of fact disapproved and reversed and new findings made. Memorandum. The evidence establishes an accord and satisfaction, and that the plaintiffs were entitled to the lower price upon which the amount due was to be computed by the terms of the contract. All concur. (The judgment granted foreclosure of mechanic’s lien.) Present — Sears, P. J., Taylor, Edgeomb, Thompson and Crosby, JJ.

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Judgment reversed on the law and the facts, with costs, and complaint dismissed, with costs. Certain findings of fact disapproved and reversed and new findings made. Memorandum. The evidence establishes an accord and satisfaction, and that the plaintiffs were entitled to the lower price upon which the amount due was to be computed by the terms of the contract. All concur. (The judgment granted foreclosure of mechanic’s lien.) Present — Sears, P. J., Taylor, Edgeomb, Thompson and Crosby, JJ.

Eastern Rock Products, Inc. v. Riteway Construction Corp., 244 A.D. 759 (N.Y. Ct. App. 1935).

Pincite

244 A.D. 759 (Eastern Rock Products, Inc. v. Riteway Construction Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.