Fenton v. Top Notch Farms, Inc.

Appellate Division of the Supreme Court of New York

Fenton v. Top Notch Farms, Inc.

246 A.D. 670

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

Opinion

Respondents have recovered a judgment for a down payment on a contract to purchase a farm, stock and machinery. The vendees refused to enter into possession upon the claim that the stock tendered did not comply with the contract or representations made by the vendor. The evidence sustains the finding that vendees’ refusal was justified. Judgment unanimously affirmed, with costs in one action. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.

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Respondents have recovered a judgment for a down payment on a contract to purchase a farm, stock and machinery. The vendees refused to enter into possession upon the claim that the stock tendered did not comply with the contract or representations made by the vendor. The evidence sustains the finding that vendees’ refusal was justified. Judgment unanimously affirmed, with costs in one action. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.

Fenton v. Top Notch Farms, Inc., 246 A.D. 670 (N.Y. Ct. App. 1935).

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