ARTCO INDUS. CO., INC. v. PENNSON INT'L CORP.


281 A.D. 677 (1952)

Artco Industrial Co., Inc., Appellant, v. Pennson International Corporation, Respondent

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

December 17, 1952.


Per Curiam.

The case was tried by the court without a jury; the trial court saw and heard the witnesses; he did not accept the testimony of the sole witness for plaintiff, the buyer, but accepted defendant's evidence, properly found that plaintiff failed to prove any damages, and reached a just result.

The judgment in defendant's favor should be affirmed, with costs.

PECK, P. J. (dissenting).

I think there was a sufficient...

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