PECKHAM IND. v. LEHMANN


49 A.D.2d 172 (1975)

Peckham Industries, Inc., Respondent, v. A. F. Lehmann, Doing Business as Lehmann Construction Co., Appellant, et al., Defendants

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

October 30, 1975


Attorney(s) appearing for the Case

Daniel J. Smitas for appellant.

Alex Wiltse for respondent.

KANE, KOREMAN and REYNOLDS, JJ., concur; LARKIN, J., not taking part.


GREENBLOTT, J. P.

Defendant, a contractor, purchased materials and rented equipment from plaintiff. Defendant sent plaintiff a check in the amount of $3,463.07 on November 14, 1969. The face of the check was broken down to show specific payments for various items and it contained a statement "Paid in Full". Up to that point, defendant had received a bill for the material, but had not been billed for the equipment, since these items had been provided to...

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