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W.G. Cornell Company v. McKiever

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1925
214 App. Div. 738 (N.Y. App. Div. 1925)

Opinion

May, 1925.


Order denying motion for summary judgment in favor of the plaintiff, pursuant to rules 113 and 114 of the Rules of Civil Practice, and section 476 of the Civil Practice Act, reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The contract between the parties was in writing, and parol evidence is inadmissible to vary its terms. ( Delehanty v. Dunn, 151 App. Div. 695; Gurski v. Doscher, 112 id. 345.) The pleadings and the other papers used upon the motion show that no issue was presented as to performance. Kelly, P.J., Jaycox, Manning, Kelby and Kapper, JJ., concur.


Summaries of

W.G. Cornell Company v. McKiever

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1925
214 App. Div. 738 (N.Y. App. Div. 1925)
Case details for

W.G. Cornell Company v. McKiever

Case Details

Full title:W.G. CORNELL COMPANY, Appellant, v. WILLIAM H. McKIEVER, Respondent

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

Date published: May 1, 1925

Citations

214 App. Div. 738 (N.Y. App. Div. 1925)

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