TIMMONS v. SHUMAKER


279 A.D. 879 (1952)

Edward L. Timmons, Respondent, v. Irene L. Shumaker, Appellant

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

February 25, 1952.


Judgment entered in favor of respondent, after trial by the court without a jury, reversed on the law and the facts, with costs, and judgment directed in favor of appellant, with costs.

Informal findings reversed and new findings of essential facts are made. The proof clearly establishes that the sale failed of consummation because the purchaser changed his mind before a written contract was signed and not because the seller refused to proceed. Under these circumstances...

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