DREW v. DEERE CO.


19 A.D.2d 308 (1963)

John M. Drew, Appellant, v. John Deere Company of Syracuse, Inc., et al., Respondents

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

July 1, 1963.


Attorney(s) appearing for the Case

De Silver G. Drew and Dean A. Drew for appellant.

Costello, Cooney & Fearon (Angela E. Struglia of counsel), for respondents.

BASTOW, J. P., GOLDMAN, McCLUSKY and HENRY, JJ., concur.


HALPERN, J.

This is an appeal from an order denying the plaintiff's motion to strike out the answer of the defendants as sham and frivolous and for summary judgment.

The theory of the complaint is that a contract by the corporate defendant to sell a certain tractor to the plaintiff had come into existence as the result of an auction sale conducted by the defendant and that the defendant breached the contract...

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