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B. R. DeWITT, INC. v. NALEWS, INC.

65 A.D.2d 915 (1978)

B. R. Dewitt, Inc., Appellant-Respondent, v. Nalews, Inc., Respondent-Appellant

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

November 3, 1978

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: The first affirmative defense of defendant merely states that the complaint fails to state a cause of action. The complaint alleges that plaintiff and defendant agreed for a stated price for the sale and delivery of ready-mix concrete which concrete was delivered and no part of the money due was paid, although demanded...

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