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MIX v. TARAZSKIEWICZ

24 A.D.2d 808 (1965)

William Mix, Respondent, v. Hieronim Tarazskiewicz, Also Known as Henry Tarazskiewicz, Appellant

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

October 29, 1965

MEMORANDUM BY THE COURT.

In appraising the sharply conflicting evidence, the trial court was warranted in accepting plaintiff's testimony and in thereupon finding that the oral lumpsum contract for the construction of a pond was modified, by implication at least, on plaintiff's insistence, imposed as a condition for his accepting directions for changes in the work. Subsequently, defendant instructed plaintiff to cease work...

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