Bevin v. Henry Steers Sand & Gravel Co.

223 A.D. 730 Court N.Y. App. Div. English

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p. 730

Sydney Bevin and Victor D. Bevin, Respondents, v. Henry Steers Sand & Gravel Company, Inc., Defendant, and Henry Steers, Inc., Appellant. (Actions II B and III.)

—Judgments reversed upon the law and the facts, and a new trial granted, costs to appellant to abide the event. The trial court erred in holding as matter of law that twelve feet of sand and gravel were available. Kapper, Rich, Hagarty, Seeger and Carswell, JJ., concur.