AMBURSEN ENG'G CORP. v. FOMENTO INDUS. Y MERCANTIL, S. A.


276 A.D. 890 (1950)

Ambursen Engineering Corporation, Appellant-Respondent, v. Fomento Industrial Y Mercantil, S. A., et al., Respondents-Appellants

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

January 16, 1950.


Per Curiam.

On plaintiff's appeal, we find that a proper appraisal of the evidence, oral and documentary, clearly sustains the trial court's determination directing dismissal of plaintiff's first cause of action and crediting defendant Fomento Industrial y Mercantil, S. A., with $15,000 paid plaintiff on November 8, 1941; and the judgment so far as appealed from by plaintiff should be affirmed.

We think, too, that the trial court properly rejected on...

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