EISENBERG INDUS. CONTRACTING CO. v. BAUMWALL


277 A.D. 1128 (1950)

Eisenberg Industrial Contracting Company, Appellant, v. George Baumwall et al., Individually and as Copartners Doing Business as Paramount Yarn Dyers, Respondents

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

December 11, 1950.


"Paramount" brought an action against "Eisenberg" based on rescission of a contract for the money paid thereunder and under a separate count for damages on the contract. The actions were consolidated and after a jury trial a judgment was had in favor of Baumwall et al. in the sum of $1,253.58. Judgment, as amended, reversed on the law and a new trial granted, with costs to abide the event. (a) The parol proof in respect of the scope and meaning of the contracts was...

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