Gordon Motor Parts, Inc. v. Actus Products Corp.

Appellate Division of the Supreme Court of New York

Gordon Motor Parts, Inc. v. Actus Products Corp.

259 A.D. 982, 20 N.Y.S.2d 1021, 1940 N.Y. App. Div. LEXIS 7526

Appellate Division of the Supreme Court of the State of New York·Decided May 29, 1940·Published

Opinion

Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: Upon the record we think that there was an accord and settlement between the parties. There is a question of fact as to whether or not the defendant agreed to pay the plaintiff in merchandise or in cash. All concur. (The judgment dismisses the complaint in an action for damages for an alleged breach of warranty.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.

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Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: Upon the record we think that there was an accord and settlement between the parties. There is a question of fact as to whether or not the defendant agreed to pay the plaintiff in merchandise or in cash. All concur. (The judgment dismisses the complaint in an action for damages for an alleged breach of warranty.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.

Gordon Motor Parts, Inc. v. Actus Products Corp., 259 A.D. 982, 20 N.Y.S.2d 1021, 1940 N.Y. App. Div. LEXIS 7526 (N.Y. Ct. App. 1940).

Pincite

259 A.D. 982 (Gordon Motor Parts, Inc. v. Actus Products Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.