Unanimously reversed, on the law, and the motion denied. Appellant shall recover of respondents $60 costs and disbursements of this appeal.
In this action for breach of contract for the purchase of equipment plaintiffs-respondents seek to recover sums paid by them on account and retained by defendant-appellant. Defendant, contending plaintiffs were guilty of the breach, counterclaimed for loss of profits. Among the issues, there appear to be questions of fact concerning...
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