SMITH BROS. PLUMBING CO. v. ENGINE AIR SERV., INC.


279 A.D. 1082 (1952)

Smith Bros. Plumbing Co., Plaintiff, v. Engine Air Service, Inc., Appellant; Monroe Miller, Respondent, et al., Defendants

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

May 5, 1952.


Judgment entered in favor of respondent reversed on the facts, with costs, and judgment directed in favor of appellant, with costs. Informal findings reversed. The County Court had jurisdiction to try respondent's claim (Civ. Prac. Act, § 69).

The facts established that respondent did not fully perform the employment agreement, in that the commitment procured was not unconditional and was not in accordance with the mortgage loan described in the employment...

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