Appellate Division of the Supreme Court of New York, 1935

Eastern Rock Products, Inc. v. Riteway Construction Corp.

Eastern Rock Products, Inc. v. Riteway Construction Corp.
Appellate Division of the Supreme Court of New York · Decided April 15, 1935
244 A.D. 759
Eastern Rock Products, Inc. v. Riteway Construction Corp.

Opinion of the Court

Judgment reversed on the law and the facts, with costs, and complaint dismissed, with costs. Certain findings of fact disapproved and reversed and new findings made. Memorandum. The evidence establishes an accord and satisfaction, and that the plaintiffs were entitled to the lower price upon which the amount due was to be computed by the terms of the contract. All concur. (The judgment granted foreclosure of mechanic’s lien.) Present — Sears, P. J., Taylor, Edgeomb, Thompson and Crosby, JJ.

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