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ROBUSTO v. FURBER

34 A.D.2d 1093 (1970)

Michael Robusto, Appellant, v. Harold Furber, Respondent

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

June 25, 1970

Order unanimously affirmed without costs.

Memorandum:

In this action for breach of contract, a verdict for the plaintiff was properly set aside as being a compromise and the case restored to the Trial Calendar. However, we point out that the defense of breach of an implied warranty was not properly and fully presented to the jury. The contract provided that the plaintiff who was an experienced farmer would grow...

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