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HOFFMAN v. KAUFMAN CARPET-JAMAICA

13 Misc.2d 439 (1958)

Marie M. Hoffman, Respondent, v. Kaufman Carpet-Jamaica, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

June 24, 1958.

Attorney(s) appearing for the Case

Benjamin Rothstein for appellant.

William B. Hoffman for respondent.

Concur — PETTE, HART and BROWN, JJ.

Per Curiam.

The evidence clearly established that there was a mutual cancellation of the agreement between the parties. Plaintiff therefore was entitled only to the return of the deposit made under that agreement. Furthermore, plaintiff failed to adduce proper proof of damages (cf. Buyer v. Mercury Tech. Cloth & Felt Corp., 301 N.Y. 74).

The judgment should be unanimously...

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