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Stern v. O'Boyle

217 A.D. 744 Court N.Y. App. Div. English

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p. 744
Lewis J. Stern, Respondent, v. Charles M. O'Boyle, Defendant, Impleaded with Anna Cobleigh O'Boyle, Appellant.

Judgment and order reversed, with costs, and the motion for summary judgment denied, with ten dollars costs, on the ground that there was an issue as to the reasonable value of the goods sold, and there was no allegation in the complaint that said values were agreed upon. Present — Clarke, P. J., Dowling, Merrell, McAvoy and Wagner, JJ.