R. J. SALES CORP. v. MARJAY HOME EQUIP. CO., INC.


281 A.D. 1067 (1953)

R. J. Sales Corporation, Respondent, v. Marjay Home Equipment Co., Inc., Appellant

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

May 6, 1953.


Motion for reargument denied; motion for leave to appeal to the Court of Appeals denied.

Memorandum:

On deciding the appeal of the defendant we did not overlook the so-called release dated August 10, 1950. We reached the conclusion that the grounds on which the objection was made to its receipt in evidence were not well taken. However, the instrument is not a self-executing release. By its terms it is an agreement to release "upon fulfillment of" its "covenants...

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