RENTWAYS, INC. v. O'NEILL MILK & CREAM CO., INC.


282 A.D. 924 (1953)

Rentways, Inc., Respondent, v. O'Neill Milk & Cream Co., Inc., Appellant

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

November 10, 1953.


Per Curiam.

We find that the agreement involved in the first cause of action may be treated as divisible, and that the performance was in fact divided by the way the delivery and receipt of the trucks were separate as between the small and large trucks. The rental period or term as to the four new, small trucks commenced as of June 1, 1946, and ended on May 31, 1949. The term as to the two large, new trucks commenced October 22, 1946, and ended the same date...

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