CEES REST., INC. v. LOBDELL


21 A.D.2d 849 (1964)

Cees Restaurant, Inc., Appellant, v. Robert L. Lobdell, Individually and Doing Business as Lobdell Agency, et al., Respondents

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

June 25, 1964


Judgment affirmed, without costs of this appeal to any party.

Memorandum:

We agree with the conclusion of the trial court that the proof failed to establish that defendant insurance company acting through its agent, defendant, Lobdell, orally agreed to bind an insurance risk resulting in a contract that would require defendants to respond in damages for a fire that occurred a few hours thereafter. The two individuals who were the sole stockholders and principal...

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