ZANETTI v. MALANGA


19 Misc.2d 862 (1959)

Vincent W. Zanetti et al., a Copartnership Doing Business under the Name of Many & Zanetti, Plaintiffs, v. William Malanga, Doing Business under the Name of A & W Farms, Defendant.

Supreme Court, Special Term, Sullivan County.

July 29, 1959.


Attorney(s) appearing for the Case

Newberg & Sakofsky (Benjamin Newberg of counsel), for plaintiffs.

Ernest Sandow for defendant.


HERBERT D. HAMM, J.

The plaintiffs sold a quantity of eggs on September 21 and 24, 1958, for $1,490.78. The plaintiffs claim that the eggs were sold to the defendant. The defendant claims that the eggs were sold to one Tony Parra.

On September 26, 1958, the defendant drew his check in the sum of $1,490.78 payable to the plaintiffs and he delivered it to Parra on that date on the promise of the latter that he would give the defendant "the sum of...

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