NICHOLS v. CONRO


278 A.D. 1002 (1951)

Antoine R. Nichols, Respondent, v. Alvin H. Conro et al., Individually and as Copartners Doing Business under the Name of A. H. Conro & Son, Appellants

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

June 29, 1951.


Plaintiff contracted to sell to defendants a herd of dairy cows, hay and silage and defendants agreed to purchase the same. Plaintiff contends that the consideration of the sale was $14,000. Defendants assert that it was $11,000, which sum they paid plaintiff. He brought an action to recover the difference and the jury gave him a verdict for the amount of his claim. Plaintiff also contended that he was entitled to the sum of $731.03, being the proceeds of a milk check. The...

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