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J. B. BACK & CO., INC. v. SCHMITT

279 A.D. 874 (1952)

J. B. Back and Company, Inc., Appellant, v. Frank R. Schmitt et al., Doing Business under the Name of F. R. Schmitt & Son, Respondents

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

February 25, 1952.

Defendants counterclaimed for a balance due on the contract. Plaintiff appeals from a judgment rendered after trial, dismissing the complaint and awarding a recovery to defendants on their counterclaim.

Judgment unanimously affirmed, with costs. The contract provided for payment to defendants on a basis of time consumed and material furnished and contained a clause giving plaintiff the right to stop the work...

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