ITHACA GUN CO., INC. v. A.W. SERIO TOOL CO., INC.


9 A.D.2d 592 (1959)

Ithaca Gun Co., Inc., Respondent, v. A. W. Serio Tool Co., Inc., Appellant

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

August 13, 1959


It appears from the moving papers that plaintiff and defendant entered into a contract in October of 1954 whereby the defendant was to furnish to plaintiff certain goods for $5,133.72. A short time thereafter such sum was paid in full to the defendant. In March of 1957 the parties had a general discussion over other contracts between them, and at the conclusion of such discussion plaintiff executed a general release to the defendant, which is pleaded as an affirmative defense...

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