United Garage, Inc. v. F. & B. Holding Corp.

Appellate Division of the Supreme Court of New York

United Garage, Inc. v. F. & B. Holding Corp.

260 A.D. 876, 22 N.Y.S.2d 881, 1940 N.Y. App. Div. LEXIS 5183

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1940·Published

Opinion

Action to rescind the sale of a garage business on the ground of the alleged fraud of the vendors. The trial justice found that the defendants knew of an illegal situation being maintained on the premises, against which they had warranted, but that the plaintiff continued- to conduct the business on the premises after learning of the situation, and did not demand rescission within a reasonable time; and gave judgment for defendants, dismissing the complaint on the merits. Judgment unanimously affirmed, with costs. No opinion. Present — Lazansky, P, J., Hagarty, Johnston, Adel and Close, JJ.

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Action to rescind the sale of a garage business on the ground of the alleged fraud of the vendors. The trial justice found that the defendants knew of an illegal situation being maintained on the premises, against which they had warranted, but that the plaintiff continued- to conduct the business on the premises after learning of the situation, and did not demand rescission within a reasonable time; and gave judgment for defendants, dismissing the complaint on the merits. Judgment unanimously affirmed, with costs. No opinion. Present — Lazansky, P, J., Hagarty, Johnston, Adel and Close, JJ.

United Garage, Inc. v. F. & B. Holding Corp., 260 A.D. 876, 22 N.Y.S.2d 881, 1940 N.Y. App. Div. LEXIS 5183 (N.Y. Ct. App. 1940).

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260 A.D. 876 (United Garage, Inc. v. F. & B. Holding Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.