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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 15, 1935

StatusPublished

This text of 244 A.D. 759 (Eastern Rock Products, Inc. v. Riteway Construction Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

244 A.D. 759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eastern-rock-products-inc-v-riteway-construction-corp-nyappdiv-1935.