DAWSON v. DUMOND


286 A.D. 1123 (1955)

Herbert M. Dawson, Doing Business as Dawson Chevrolet Company, Respondent, v. Millard Dumond, Appellant

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

November 16, 1955.


The difficulty with the order arises because the answer also contained a counterclaim, which was likewise stricken out. The counterclaim alleges the breach of an oral contract by the terms of which plaintiff sold to defendant new automobiles at a price agreed to be $100 more for each automobile than the plaintiff was obliged to pay the manufacturer. It alleges that the plaintiff misrepresented the price paid to the manufacturer...

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