273 A.D. 1055 | N.Y. App. Div. | 1948
Judgment and order reversed on the law and facts, with costs, and motion to strike out the answer and for summary judgment denied, with $10 costs. Memorandum: It appears from the face of the instrument sued upon that it was executed as a part of a transaction involving the sale and purchase of a grocery store, including the real estate, stock, fixtures and equipment. The apparent intent was to state the balance owing and the manner of