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J.B. Back and Company, Inc. v. Schmitt

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1952
279 App. Div. 874 (N.Y. App. Div. 1952)

Opinion

February 25, 1952.

Present — Carswell, Acting P.J., Adel, Wenzel, MacCrate and Schmidt, JJ. [See post, p. 1009.]


Action to recover payments made by plaintiff to defendants in pursuance of a contract under the terms of which defendants undertook to "endeavor" to perfect a cigar wrapping machine, the claim of plaintiff being that defendants' "endeavors" had not been successful. Defendants counterclaimed for a balance due on the contract. Plaintiff appeals from a judgment rendered after trial, dismissing the complaint and awarding a recovery to defendants on their counterclaim. Judgment unanimously affirmed, with costs. The contract provided for payment to defendants on a basis of time consumed and material furnished and contained a clause giving plaintiff the right to stop the work at any time.


Summaries of

J.B. Back and Company, Inc. v. Schmitt

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1952
279 App. Div. 874 (N.Y. App. Div. 1952)
Case details for

J.B. Back and Company, Inc. v. Schmitt

Case Details

Full title:J.B. BACK AND COMPANY, INC., Appellant, v. FRANK R. SCHMITT et al., Doing…

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

Date published: Feb 25, 1952

Citations

279 App. Div. 874 (N.Y. App. Div. 1952)