DAVID S. FISCHMAN, INC. v. PAPLAM REST., INC.


279 A.D. 907 (1952)

David S. Fischman, Inc., Respondent, v. Paplam Restaurant, Inc., et al., Appellants

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

March 25, 1952.


Formal findings were waived but the judgment herein was necessarily based on the trial Justice's conclusion that the terms of an agreement of sale were reached between the parties when they met at an attorney's office on March 10, 1950. The proof in support of this conclusion is insufficient. The attorney who prepared the proposed agreement of sale, upon which much reliance is placed by the plaintiff, represented only one of the individual defendants, and a finding that the...

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