INT'L HARVESTER CO. v. TOWN OF ELLERY


28 A.D.2d 1081 (1967)

International Harvester Co., Appellant, v. Town of Ellery, Respondent

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

October 26, 1967


Order insofar as appealed from unanimously reversed, with costs, and summary judgment granted in favor of plaintiff-appellant in accordance with the following Memorandum: There are no questions of fact in this case. There is a pure question of law presented as to whether plaintiff is entitled to the return of the sum of $1,100 deposited with the defendant-respondent, with interest to be computed. Defendant advertised for bids for the purchase of a truck, and the plaintiff...

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