KOVEN STEEL SWIMMING POOLS, INC. v. HOROWITZ


4 A.D.2d 981 (1957)

Koven Steel Swimming Pools, Inc., Appellant, v. Benjamin Horowitz et al., Respondents

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

November 15, 1957


The action was brought to recover upon a trade acceptance given by the defendants for the balance of the purchase price of a swimming pool installed by the plaintiff upon the defendants' premises. The defendants interposed an answer containing a counterclaim seeking recovery of damages from the plaintiff. During the trial, the defendants sought to introduce evidence which was at variance with the written agreement between the parties. Upon the objection of the plaintiff's...

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