Judgment, insofar as appealed from, affirmed, with costs.
Findings of fact which may be inconsistent herewith are reversed and new findings are made as indicated herein. In our opinion, the findings at Special Term that defendant fraudulently induced the making of the contract in suit by misrepresentation of its intent to comply with the provision in said contract for its maintenance of separate books and records are erroneous. We find: (1) there was no such fraudulent...
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