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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