MacDONALD v. CARPENTER & PELTON, INC.


31 A.D.2d 952 (1969)

Ralph L. MacDonald et al., Respondents, v. Carpenter & Pelton, Inc., Appellant

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

March 17, 1969


Judgment reversed, on the law and the facts, and new trial granted, with costs to abide the event.

The decision of the trial court was rendered upon consideration of the first two causes of action in plaintiffs' complaint, breach of contract and negligence, respectively. Upon the making of the contract of sale, on September 25, 1962, at which time $7,100 was paid by plaintiffs against the $71,000 purchase price, plaintiff MacDonald was informed that the existing insurance...

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