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Flynn v. International Motor Co.

Supreme Court, Appellate Term, First Department
Apr 1, 1927
129 Misc. 211 (N.Y. App. Term 1927)

Opinion

April 1, 1927.

Appeal from the Municipal Court, Borough of Manhattan, Seventh District.

Chadbourne, Stanchfield Levy [ J. Arthur Levy of counsel], for the appellant.

Hyman Hyman [ Sol. A. Hyman of counsel], for the respondent.


Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs, upon the ground that plaintiff cannot recover for moneys had and received under a contract which he had breached, particularly as the contract provided for the forfeiture of the very allowance for which plaintiff is suing, he having failed to take delivery of the second truck.

All concur; present, LYDON, LEVY and CRAIN, JJ.


Summaries of

Flynn v. International Motor Co.

Supreme Court, Appellate Term, First Department
Apr 1, 1927
129 Misc. 211 (N.Y. App. Term 1927)
Case details for

Flynn v. International Motor Co.

Case Details

Full title:JOSEPH FLYNN, Doing Business as FLYNN BROTHERS, Respondent, v…

Court:Supreme Court, Appellate Term, First Department

Date published: Apr 1, 1927

Citations

129 Misc. 211 (N.Y. App. Term 1927)
221 N.Y.S. 118