HEMPSTEAD BUS v. CARCARDS, INC.


11 Misc.2d 23 (1957)

Hempstead Bus Corporation, Plaintiff, v. Carcards, Inc., Defendant.

Supreme Court, Trial Term, Nassau County.

December 3, 1957.


Attorney(s) appearing for the Case

James F. Conway for plaintiff.

Morris Permut for defendant.


MARIO PITTONI, J.

In this action, tried before this court without a jury, the plaintiff sues for $828.65, the alleged balance due under an advertising contract. The defendant counterclaims for the same amount on the ground that the plaintiff refused to return the defendant's racks. The defendant also sets up a defense of accord and satisfaction by reason of payment by the defendant of a check and acceptance thereof...

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