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Iuppa v. Angert

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 1, 1918
182 App. Div. 910 (N.Y. App. Div. 1918)

Opinion

January, 1918.


Judgment reversed and a new trial granted, with costs to appellants to abide event. Held, we are not satisfied that the defendants sustained the burden of proof to show that the contract was intended to include the garage and that it was omitted from the written contract by the mutual mistake of the parties. We, however, do not finally decide that question, but under the circumstances think the case should be retried before the judge who may have the advantage of hearing and seeing the witnesses in court. All concurred.


Summaries of

Iuppa v. Angert

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 1, 1918
182 App. Div. 910 (N.Y. App. Div. 1918)
Case details for

Iuppa v. Angert

Case Details

Full title:MICHAEL IUPPA and Another, Appellants, v. AARON ANGERT and Others…

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

Date published: Jan 1, 1918

Citations

182 App. Div. 910 (N.Y. App. Div. 1918)