BOWEN v. PERSONS


276 A.D. 743 (1950)

Levi E. Bowen, Respondent, v. Elton E. Persons, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 3, 1950.


Attorney(s) appearing for the Case

John Leo Sullivan for appellant.

John H. Hallenbeck for respondent.

All concur. Present — TAYLOR, P. J., LOVE, VAUGHAN, KIMBALL and PIPER, JJ.


Per Curiam.

Plaintiff has recovered a judgment based upon an alleged breach of contract by defendant in two respects. First, that defendant failed to furnish the required number of cows, and second, that defendant refused to pay one half of certain expense items. As to the first item, plaintiff claims defendant had only twenty-four cows on the farm on May 1, 1947, instead of thirty as required by the agreement although...

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