DEVEAU CONCRETE CORP. v. UNIVERSAL BUILDERS SUPPLY CO., INC.


47 A.D.2d 918 (1975)

Deveau Concrete Corporation, Appellant, v. Universal Builders Supply Co., Inc., Respondent

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

April 21, 1975


Judgment reversed, on the law and in the interest of justice, and new trial granted, with costs to abide the event. No questions of fact were raised or considered on this appeal.

Plaintiff, a concrete subcontractor, rented certain specialized construction equipment from defendant which defendant represented would expedite the pouring of cement over a large area and would produce a concrete slab, the thickness and elevation of which would be within the tolerances required...

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