NEW AMSTERDAM IMP. CO. v. L & S DELIVERY & TRANSFER CO.


17 Misc.2d 102 (1959)

New Amsterdam Import Company, Inc., Appellant, v. L & S Delivery & Transfer Co., Inc., Respondent.

Supreme Court, Appellate Term, First Department.

February 11, 1959.


Attorney(s) appearing for the Case

Levy & Sonet (Daniel Levy of counsel), for appellant.

Robert F. Mitchell, Jr., for respondent.

Concur — HECHT, J. P., AURELIO and TILZER, JJ.


Per Curiam.

Defendant's unilateral mistake of fact as to the method of delivery required by the contract was not such as would relieve it of its obligations thereunder, since the plaintiff changed its position in reliance upon the agreement (Abner M. Harper, Inc. v. Newburgh, 159 App. Div. 695).

The judgment should be reversed, with $30 costs, and judgment directed for the plaintiff in the sum of $574...

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