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

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

DecidedMay 29, 1940

StatusPublished

This text of 259 A.D. 982 (Gordon Motor Parts, Inc. v. Actus Products 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

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

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.

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Bluebook (online)

259 A.D. 982, 20 N.Y.S.2d 1021, 1940 N.Y. App. Div. LEXIS 7526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gordon-motor-parts-inc-v-actus-products-corp-nyappdiv-1940.