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Clark v. West

201 N.Y. 569 Court N.Y. Decision date 1911-03-14 English

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p. 569
William L. Clark, Respondent, v. John B. West, Appellant.

Headnote

Clark v. West, 137 App. Div. 23 , affirmed.
(Argued February 20, 1911;
decided March 14, 1911.)
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 6, 1910, affirmng a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action on contract and for an accounting.
William II. Oppenheimer and II. V, Rutherford for appellant.
William B. Rale for respondent.
p. 570
Judgment affirmed, with costs, without passing upon the question whether the contract was entire or severable; no opinion.

Concur: Cullen, Ch. J., Gray, Vann, Werner, Willard Bartlett and Chase, JJ. Absent: Haight, J.

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