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McGratty v. Krantz Manufacturing Co.

186 A.D. 959 Court N.Y. App. Div. English

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p. 959
Charles L. McGratty and Edward J. McGratty, Respondents, v. Krantz Manufacturing Company, Inc., Appellant, Impleaded with Others, Defendants.

Judgment unanimously affirmed, with costs. . The appellant is estopped by the receiver’s decision to assert that the marble delivered and prepared and offered for delivery before the receivership did not comply with the contract; but as to the undelivered marble, valued at $400, the appellant may call for it and insist that it comply with the contract, and if it should not be furnished it would have its remedy. Present — Jenks, P. J., Thomas, Rich, Blackmar and Jaycox, JJ.