HATHAWAY v. HARRIS


1 A.D.2d 255 (1956)

Raymond Hathaway et al., Respondents, v. Frank C. Harris, Appellant, and M. Murphy & Son, Inc., Respondent

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

March 14, 1956.


Attorney(s) appearing for the Case

Clarence G. Pickard for appellant.

Harry M. Young and Roger M. Brown for Raymond Hathaway and another, respondents.

Shane & McCarthy for M. Murphy & Son, Inc., respondent.

All concur. Present — McCURN, P. J., KIMBALL, WHEELER and WILLIAMS, JJ.


KIMBALL, J.

The allegations of the complaint set forth a cause of action in fraud and deceit. The plaintiffs' claim, therein stated, was that by false and fraudulent representations on the part of the defendant Harris, they were induced to sign a timber agreement for the sale of certain timber on their farm for the sum of $2,000. They alleged that Harris falsely represented that the written agreement was to be...

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