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Kaplan v. Feinstein

148 N.Y.S. 1124 Court N.Y. App. Div. Decision date 1914-07-31 English

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p. 1124
KAPLAN et al., Appellants, v. FEINSTEIN et al., Respondents.
(Supreme Court, Appellate Division, Second Department.
July 31, 1914.)

Headnote

Action by Samuel Kaplan and others, copartners, etc., against David Feinstein and another.

Judgment and order reversed, and new trial granted, costs to, abide the event, on the grounds, first, that it affirmatively appears that the terms of the composition agreement were varied from by the defendants without the consent of the plaintiffs and it does not appear that plaintiffs waived strict performance thereof; and, second, there is not a fair preponderance of evidence of tender of performance of such agreement to plaintiffs on the part either of defendants or the United Novelty Company.