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Backus v. Mietus

273 A.D. 1052 Court N.Y. App. Div. Decision date 1948-05-05 English

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p. 1052
Carl Backus, Appellant, v. Michael Mietus, Respondent.

Judgment reversed on the law and a new trial granted, with costs to the appellant to abide the event, on the ground that the question as to whether an unreasonable time had elapsed between the sale and rescission was one of fact for the jury. All concur. (The judgment is for defendant in an action for breach of warranty.) Present — Taylor P. J., MeCurn, Love, Vaughan and Kimball, JJ.