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Rubel v. Stelljes

132 N.Y.S. 1145 Court N.Y. App. Div. Decision date 1911-12-15 English

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p. 1145
RUBEL et al., Appellants, v. STELLJES et al., Respondents.
(Supreme Court, Appellate Division, Second Department.
December 15, 1911.)

Headnote

Action by Samuel Rubel and another against Herman Stelljes and another.

Judgment of the Municipal Court reversed, and new trial ordered, costs to abide the event. There is a conflict of evidence as to what occurred on the 13th of May; but, giving to defendants the full benefit of the evidence introduced on their behalf, it fails to establish such unreasonable delay on the part of plaintiffs in delivering ice as would justify defendants in terminating the contract.