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ALPER BLOUSE CO. v. CONNOR & CO.

1 A.D.2d 617 (1956)

Alper Blouse Company, Inc., Respondent, v. E. E. Connor & Co., Inc., Appellant

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

June 5, 1956.

Attorney(s) appearing for the Case

William H. West, Jr., of counsel (Dillon & O'Brien, attorneys), for appellant.

Myron Kommel of counsel (Kommel & Rogers, attorneys), for respondent.

PECK, P. J., RABIN and FRANK, JJ., concur.

COX, J.

Alper Blouse Company, Inc., instituted this action against E. E. Connor & Co., Inc., for rescission, and to recover the purchase price paid for a quantity of nylon tricot cloth — intended for use in the manufacture of blouses — which plaintiff had rejected because of certain alleged defects.

After a mistrial in May, 1952, a retrial resulted in a judgment for defendant which was reversed by this court, a new trial being...

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