KUNDLA v. SYMANS


9 A.D.2d 1021 (1959)

Mike Kundla, Respondent, v. Henry Symans, Doing Business as Symans Ready-Mix Concrete Company, Appellant

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

December 23, 1959


Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.

Memorandum:

Plaintiff recovered judgment in the Chautauqua County Court on a trial without a jury. No findings of fact or conclusions of law were submitted by the parties, but the court made purported findings of fact and conclusions of law which were conclusory in character and completely inadequate. Proof on both sides was so incomplete and confused...

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