PLANT CITY STEEL CORP. v. NAT. MACH. EXCH.


28 A.D.2d 268 (1967)

Plant City Steel Corporation, Respondent, v. National Machinery Exchange, Inc., Appellant

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

November 16, 1967.


Attorney(s) appearing for the Case

Michael Permut of counsel (Morris Permut and Abraham Karp with him on the brief; Morris Permut, attorney), for appellant.

Richard I. Wolff of counsel (Clarence Fried with him on the brief; Hawkins, Delafield & Wood, attorneys), for respondent.

STEVENS, J. P., EAGER, TILZER and McNALLY, JJ., concur in Per Curiam opinion; STEUER, J., dissents in opinion.


Per Curiam.

This action was originally instituted on the theory of a rescission for breach of warranty of the purchase of a horizontal angle bending roll machine, and the complaint demanded a recovery back of the purchase price and a recovery of plaintiff's expenses. Although the parties agreed in writing to settle the action with a return of the machine to defendant, the action was not discontinued. The defendant...

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