MIONE ACRES v. CHATMAS ORCHARDS


277 A.D. 425 (1950)

Mione Acres, Inc., et al., Appellants, v. Chatmas Orchards, Inc., et al., Respondents, et al., Defendants

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

November 15, 1950.


Attorney(s) appearing for the Case

Michael Nardone, for appellants.

David W. Corwin, for Chatmas Orchards, Inc., and another, respondents.

Rusk & Rusk, attorneys for T. Jack Conn, respondent.

HEFFERNAN, J. P., BREWSTER, BERGAN and COON, JJ., concur.


DEYO, J.

This action was brought to set aside the purchase of a farm allegedly induced by the fraudulent representation of the defendant sellers, to recover damages and to cancel and set aside a bond and mortgage given as part of the purchase price. The answer denied the material allegations of the complaint and set up a counterclaim for the foreclosure of the mortgage. The reply admitted default under the mortgage...

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