Flynn v. International Motor Co.

129 Misc. 211, 221 N.Y.S. 113, 1927 N.Y. Misc. LEXIS 696
New York Supreme Court·Decided April 1, 1927·Published·Cited by 1 cases

Opinion

Per Curiam.

Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs, upon the ground that plaintiff cannot recover for moneys had and received under a contract which he had breached, particularly as the contract provided for the forfeiture of the very allowance for which plaintiff is suing, he having failed to take delivery of the second truck.

All concur; present, Lydon, Levy and Crain, JJ.

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Flynn v. International Motor Co., 129 Misc. 211, 221 N.Y.S. 113, 1927 N.Y. Misc. LEXIS 696 (N.Y. Super. Ct. 1927).

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