TERRIS v. CUMMISKEY


11 A.D.2d 259 (1960)

John B. Terris et al., Respondents, v. Joseph V. Cummiskey, Appellant

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

July 27, 1960.


Attorney(s) appearing for the Case

Personius & Marinan (James E. Personius of counsel), for appellant.

Hoover & Peterson (J. R. Hoover of counsel), for respondents.

BERGAN, P. J., COON, GIBSON, HERLIHY and REYNOLDS, JJ., concur.


Per Curiam.

The plaintiffs entered into a contract with the defendant on May 13, 1954 under which he built them a house for which they paid $13,500. The plaintiffs testified that before this contract was entered into they had conversations with the defendant in reference to the lot where the house was to be built. These conversations concerned whether they would have a dry cellar. The plaintiffs testified, "We asked...

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