POWERS v. MULFORD


3 A.D.2d 99 (1956)

Lawrence Powers et al., Appellants, v. Ruth C. Mulford et al., Respondents

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

December 20, 1956.


Attorney(s) appearing for the Case

R. R. Calli for appellants.

Joe Schapiro for respondents.

FOSTER, P. J., BERGAN, COON and GIBSON, JJ., concur.


HALPERN, J.

The plaintiffs appeal from an order dismissing their complaint under rule 107 of the Rules of Civil Practice, upon the ground that, at the time of the institution of the action, there was another action pending between the same parties for the same cause.

The controversy between the parties grows out of a real estate contract dated November 24, 1947, under which the plaintiffs agreed to purchase...

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