Finer v. Bingham — 247 N.Y. 571

Majority

p. 571

Jacob Finer et al., Copartners Doing Business as Finer & Bachrach, Appellants, v. Charles T. Bingham et al., Copartners, Doing Business as Bingham & Co., Respondents.

Headnote

Contract ■ — - sale — rescission — action to recover for breach of contract of sale — defense of rescission.

Finer v. Bingham, 220 App. Div. 665 , affirmed.

(Argued January 19, 1928;

decided February 14, 1928.)

Appeal from a judgment, entered July 5, 1927, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint. The

p. 572

action was buyers against sellers to recover for an alleged breach of contract of sale. The defense was rescission.

Isidor Enselman and Benjamin Koenigsberg for appellants.

Ernest A. Bigelow and Harold D. Beatty for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Bound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.