HENDERSON v. PLEASANT VALLEY SAWMILL & COAL CO., INC.


78 A.D.2d 872 (1980)

Giselle Henderson et al., Doing Business as Black Bear Logging Contractors, Respondents, v. Pleasant Valley Sawmill & Coal Co., Inc., Appellant

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

November 10, 1980


Order reversed, with $50 costs and disbursements, and motion denied.

The papers disclose the existence of issues of fact which can be resolved only upon a trial, including the issues of whether some of the lumber was sold subject to a condition precedent and if so, when, if ever, payment therefor became due under the agreement of...

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