SCHMIDT v. C. P. BUILDERS, INC.


36 A.D.2d 731 (1971)

Joseph Schmidt et al., Appellants, v. C. P. Builders, Inc., et al., Respondents

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

March 8, 1971


Judgment reversed, on the law and the facts, with one bill of costs, and case remitted to Special Term for determination of the nature of the relief which should be granted to plaintiffs, upon additional proof if necessary, in accordance with the views hereinbelow set forth.

In our opinion, the determination of Special Term dismissing plaintiffs' complaint on the ground that it was impossible to fix blame for nonperformance and that the contract was mutually rescinded...

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