COHEN v. BRATT & DOXEY SUPPLY CO.


51 A.D.2d 719 (1976)

Bernard Cohen, Respondent, v. Bratt & Doxey Supply Co., Appellant

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

February 2, 1976


Judgment affirmed, with costs.

Plaintiff, through one Griffin, an experienced bricklayer and mason, ordered a large quantity of bricks from the defendant. Griffin was to construct two retaining walls, steps and walkways for the plaintiff. It was plaintiff's desire that the brick to be used match the color and texture of bricks utilized in the construction of his home. Accordingly, Griffin removed a brick from the plaintiff's home and showed it to defendant's salesman...

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