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Mcgrath v. Johnson

266 A.D. 871 Court N.Y. App. Div. Decision date 1943-06-21 English

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p. 871
John P. McGrath, Respondent, v. Carl Johnson et al., Copartners under the Name of Johnson & Olsen, Appellants.

Johnston, Adel and Taylor, JJ., concur; Close, P. J., and Lewis, J., dissent and vote to affirm, with the following memorandum: The failure of defendants to appear on the closing day and their neglect to exercise the option within a reasonable time thereafter, as found by the Trial Judge, justify the judgment for plaintiff.