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SCHOELIER v. PULITZER

130 A.D.2d 977 (1987)

William P. Schoelier, Appellant, v. Arthur B. Pulitzer, Respondent

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

May 22, 1987

Order unanimously reversed, on the law, without costs, and motion granted, in accordance with the following memorandum: This is an action to recover the balance of the purchase price due and owing from the sale of cattle to defendant. Plaintiff alleges in his complaint that the sale was pursuant to "an agreement with the defendant". Defendant's answer raised the affirmative defense that he is not a proper party to the action. When...

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