Urdang v. Posner — 247 N.Y. 565

Majority

p. 565

Joseph Urdang, Respondent, v. Nathan E. Posner, Appellant.

Headnote

Sale —false representations — action to recover difference between price paid and value of article sold.

Urdang v. Posner, 220 App. Div. 609 , affirmed.

(Argued January 13, 1928;

decided February 14, 1928.)

Appeal from a judgment, entered July 8, 1927, upon an order of the Appellate Division of the Supreme Court

p. 566

in the first judicial department, which reversed a judgment in favor of defendant entered upon an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and reinstated said verdict in an action to recover the purchase price of a violin on the ground that the purchase was induced by false and fraudulent representations. On the trial plaintiff was permitted to amend his complaint so as to demand as damages the difference between the contract price and the value of the violin on the date of sale.

Jacob M. Zinaman for appellant.

Emil Weitsner, Bernard Braun and Jacob E. Kronick for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Gardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.