RUBIN v. MILLWORK CTR., INC.


18 A.D.2d 912 (1963)

Daniel Rubin et al., Copartners Doing Business as Rubin & Weldon, Respondents, v. Millwork Center, Inc., Appellant

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

February 4, 1963


Judgment reversed on the law and the facts, and a new trial ordered, with costs to defendant to abide the event.

Under the terms of the agreement between the parties, the defendant promised to pay plaintiffs for finishing certain doors "to the same stage as the ninety-eight doors previously returned." Plaintiffs, however, have recovered a judgment against defendant for the complete finishing of the doors. Upon the present...

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