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MIX v. NEFF

99 A.D.2d 180 (1984)

Robert Mix, Respondent, v. Edgar L. Neff, Jr., Appellant

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

February 23, 1984

Attorney(s) appearing for the Case

Edmund J. Hoffmann, Jr., for appellant.

Thaler & Thaler (Nathaniel F. Knappen of counsel), for respondent.

MAHONEY, P. J., KANE, CASEY and LEVINE, JJ., concur.

WEISS, J.

Plaintiff commenced this action for specific performance of an oral contract for the sale of his garage and towing service business (which included equipment) or, alternatively, for money damages. It appears that defendant took possession of the equipment, refinanced the same at a bank, paid the cash agreed upon to plaintiff, but refused to execute a promissory note or pay the balance of $18,000. Defendant...

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