Falls v. Thomas S. Clarkson Memorial College of Technology
10 N.Y.2d 836 | NY | 1961
Judgment affirmed, without costs; no opinion.
Concur: Judges Fuld, Froessel, Van Voorhis and Burke. Chief Judge Desmond and Judge Dye dissent in the following memorandum: The judgment should be reversed, with costs, and a new trial granted on the ground that the questions of fact as to whether plaintiff had waived, or was estopped by his conduct from demanding, the unpaid balance of monthly installments agreed to be paid by defendant under oral contracts of