RECTOR TRADING CORP. v. CHARLES


276 A.D. 901 (1950)

Rector Trading Corporation, Appellant, v. Michael A. Charles et al., Respondents

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

January 31, 1950.


Per Curiam.

The trial court erred in holding that there was no present representation by defendants that the steel required for the initial delivery of 2,500 dozen hoes by April 30, 1948, as required by the written contract, was actually in possession of defendants' corporation at the time the contract was made. The record is replete with such evidence. Defendants' oral testimony that they did in fact have sufficient of such steel on hand for such delivery...

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