New Amsterdam Import Co. v. L & S Delivery & Transfer Co.

Defendant’s unilateral mistake of fact as to the method of delivery required by the contract was not such as would relieve it of its obligations thereunder, since the plaintiff changed its position in reliance upon the agreement (Abner M. Harper, Inc. v. Newburgh, 159 App. Div. 695).

The judgment should be reversed, with $30 costs, and judg-' ment directed for the plaintiff in the sum of $574.70, with costs.

Concur — Hecht, J. P., Aurelio and Tilzer, JJ.

Judgment reversed, etc.