Hyperlawhypertext legal database Lowy v. Bradley Contracting Co. 139 N.Y.S. 1131

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Lowy v. Bradley Contracting Co.

139 N.Y.S. 1131 Court N.Y. App. Term Decision date 1913-02-07 English

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p. 1131
LOWY et al. v. BRADLEY CONTRACTING CO.
(Supreme Court, Appellate Term, First Department.
February 7, 1913.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, hirst District. Action by David Lowy and another against the Bradley Contracting Company. Judgment for plaintiffs, and defendant appeals. Reversed. James A. Lynch, of New York City (Jacob Bernstein, of Mt. Vernon, N. Y., of counsel), for appellant. William Hauser, of New York City, for respondents.

The original contract by which the beams were sold to the plaintiffs was eoneededly rescinded. There is some evidence that thereafter some of the beams were sold to them on different terms. The testimony, however, on this point is very indefinite, and is insufficient to sustain a judgment predicated on title in the plaintiff of the particular beams which _ are involved in this litigation. Judgment is therefore reversed, and a new trial ordered, with costs to appellant to abide the event.