Frederick May & Co. v. Mailman

Appellate Division of the Supreme Court of New York

Frederick May & Co. v. Mailman

276 A.D.2d 1073

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

DecidedApril 25, 1950

StatusPublished

This text of 276 A.D.2d 1073 (Frederick May & Co. v. Mailman) 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

Frederick May & Co. v. Mailman, 276 A.D.2d 1073 (N.Y. Ct. App. 1950).

Pincite

Opinion

Per Curiam.

The testimony offered by plaintiff as to the financial ability on the part of the prospective purchasers was improperly excluded. Plaintiff upon a new trial should be afforded a full opportunity of establishing that there was a meeting of minds between the prospective buyers and seller on all the essential terms of the contract and that the purchasers were able to consummate the transaction.

The judgment should, accordingly, be reversed and a new trial ordered, with costs to the appellant to abide the event.

Peck, P. J., Glennon, Cohn, Callahan and Shientag, JJ., concur.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

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Per Curiam.

The testimony offered by plaintiff as to the financial ability on the part of the prospective purchasers was improperly excluded. Plaintiff upon a new trial should be afforded a full opportunity of establishing that there was a meeting of minds between the prospective buyers and seller on all the essential terms of the contract and that the purchasers were able to consummate the transaction.

The judgment should, accordingly, be reversed and a new trial ordered, with costs to the appellant to abide the event.

Peck, P. J., Glennon, Cohn, Callahan and Shientag, JJ., concur.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

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Bluebook (online)

276 A.D.2d 1073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frederick-may-co-v-mailman-nyappdiv-1950.