FOX v. CAVALCADE FABRICS, INC.


280 A.D. 769 (1952)

Benjamin R. Fox et al., Copartners Doing Business under the Name of Atlantic Mercantile Co., Respondents, v. Cavalcade Fabrics, Inc., Appellant

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

June 17, 1952.


We think that the opinion of Mr. Justice KANE in the City Court properly analyzed the facts and concluded that there was no meeting of the minds essential to the formation of a binding contract, written or oral. In addition to the finding made that plaintiffs' exhibits 2 and 3 did not coincide in an agreement it should be observed that plaintiffs' exhibit 2 itself was a variance from the alleged oral agreement relied upon by the plaintiffs and deemed to have been made the...

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