GAUGER v. G. L. F. WATERLOO FARM PRODS. CO-OPERATIVE, INC.


277 A.D. 942 (1950)

Walter Gauger, Respondent, v. G. L. F. Waterloo Farm Products Co-Operative, Inc., Appellant

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

July 13, 1950.


Judgment reversed on the law and facts, with costs, and complaint dismissed, with costs.

Memorandum:

The only question involved upon this appeal relates to the admission of parol evidence to vary the terms of a written grower's contract for tomatoes. By the terms of that contract, plaintiff agreed to plant, care for, pick and deliver to the defendant ten acres of tomatoes. The defendant in turn agreed to furnish the necessary tomato plants at a certain specified...

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