ADLER, INC. v. BIELER


37 Misc.2d 741 (1962)

Samuel Adler, Inc., Plaintiff, v. Fred G. Bieler et al., Defendants.

Supreme Court, Special Term, Bronx County.

November 30, 1962


Attorney(s) appearing for the Case

Samuel Rubin for plaintiff. Unterberg & Unterberg (Abbie Goldstein of counsel), for defendants.


CHARLES A. LORETO, J.

Plaintiff moves to dismiss for insufficiency the four affirmative defenses contained in defendants' answer.

Plaintiff sues to recover moneys advanced to defendants under a written agreement pursuant to which defendants were not obliged to repay this money if for a period of three years they purchased from plaintiff a daily average of 30 cases of milk. Under the contract plaintiffs...

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