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MARSHALL v. LOURON HOMES, INC.

24 A.D.2d 574 (1965)

Earl L. Marshall, Appellant, v. Louron Homes, Inc., Respondent. (Action No. 1.) Louron Homes, Inc., Respondent, v. Earl L. Marshall, Appellant. (Action No. 2.)

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

July 6, 1965

Judgment reversed on the law and a new trial granted, with costs to abide the event. The findings of fact have not been considered.

In our opinion, it was error for the trial court to have dismissed the complaint in Action No. 1. The court reasoned that since the damages allegedly proven by the appellant owner were less than the unpaid balance due on the contract, a dismissal of the complaint was warranted as a matter of...

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