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Berger v. Cohen

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1908
124 App. Div. 928 (N.Y. App. Div. 1908)

Opinion

February, 1908.


In the absence of express stipulation on the subject, the parties must be deemed to have intended that the delivery of the plans by the plaintiff and the payment therefor by the defendant should be concurrent acts. The plaintiff proved the preparation of the plans and a tender thereof to the defendant upon payment of the plaintiff's services therefor. The defense of non-performance was, therefore, not available. ( Scott v. Miller, 114 App. Div. 6.) Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event. Jenks, Hooker, Gaynor, Rich and Miller, JJ., concurred.


Summaries of

Berger v. Cohen

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1908
124 App. Div. 928 (N.Y. App. Div. 1908)
Case details for

Berger v. Cohen

Case Details

Full title:Louis Berger, Appellant, v. Max Cohen, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 1, 1908

Citations

124 App. Div. 928 (N.Y. App. Div. 1908)