SHERMAN v. KRESGE, INC.


67 Misc.2d 178 (1971)

Joseph M. Sherman, Doing Business as Jack Sherman Toyota, Plaintiff, v. Roger Kresge, Inc., Defendant.

County Court, Broome County.

August 3, 1971


Attorney(s) appearing for the Case

Cenesky & Alenik (Marvin Alenik of counsel), for plaintiff. Kramer, Wales, Robinson & McAvoy (John F. Stanley of counsel), for defendant.


STEPHEN SMYK, J.

Plaintiff is a dealer in new and used cars. On or about June 10, 1971 he was approached by one Robert Miller, a used car dealer, who purchased from the plaintiff a 1965 and 1969 Volkswagen automobile at wholesale for $1,625. Although the plaintiff turned over said vehicles to Miller, he indicated to him that Miller was not to dispose of the vehicles in the meantime and that he would not give him the MV-50 title forms until such time as...

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