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

308 N.Y. 342 (1955)

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

Court of Appeals of the State of New York.

Decided April 14, 1955

Attorney(s) appearing for the Case

Vernon Murphy for appellant.

David Krause and Theodore J. Groh for respondent.

DESMOND, FROESSEL and VAN VOORHIS, JJ., concur with FULD, J.; CONWAY, Ch. J., and DYE, J., dissent in an opinion; BURKE, J., taking no part.

FULD, J.

The major question in this case concerns the commencement and termination dates of a written lease for the hire of six milk trucks. The S & E Motor Hire Corporation, plaintiff's assignor (hereinafter referred to as plaintiff), entered into an agreement with defendant O'Neill Milk & Cream Co., Inc., on January 14, 1946, to lease to defendant six new Brockway trucks, two of six-ton capacity and...

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