WARD v. BAKER


4 A.D.2d 915 (1957)

John A. Ward et al., Respondents, v. Edward Baker et al., Doing Business as Baker's Service, Appellants

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

October 19, 1957


Plaintiffs recovered damages of $628.50 for defendants' alleged breach of a contract relating to the sale and installation upon plaintiffs' trailer of an awning which was subsequently destroyed in the course of a windstorm. The supposed contract and an alleged supplemental contract were, in form, purchase orders signed by plaintiffs. Although defendants signed neither paper, an issue of fact was presented as to whether defendants accepted the agreements and acted upon them...

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