MACE v. TICONDEROGA REALTY CO., INC.


55 A.D.2d 978 (1977)

Romaine A. Mace et al., as Coexecutors of Earl V. Mace, Deceased, et al., Respondents, v. Ticonderoga Realty Company, Inc., et al., Appellants

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

January 20, 1977


The defendants refused to pay the balance of the note due because they contend that the plaintiffs misrepresented the accounts receivable and upon the sales agreement there should be a setoff. Upon the present record the defendants have failed to establish any breach of warranty or misrepresentation which would entitle them to a setoff. The value or lack thereof was clearly set forth in the sales agreement and there is no partial failure of consideration for the note.

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