RUDNICK BROS., INC. v. JOHN A. JOHNSON & SONS, INC.


8 A.D.2d 775 (1959)

Rudnick Bros., Inc., Respondent, v. John A. Johnson & Sons, Inc., Appellant, and Comptroller of the City of New York, Respondent

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

June 2, 1959


Order and judgment appealed from unanimously modified on the law and on the facts to the extent of dismissing the second cause of action, without costs, and is otherwise affirmed.

In the first cause of action the plaintiff seller seeks to recover $585 which it paid to the city as a sales tax on the sale of certain material to the defendant buyer. The second cause of action is for $529.93, which is the balance due from the defendant buyer on a contract of sale of certain...

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