249 A.D. 703 | N.Y. App. Div. | 1936
Judgment so far as appealed from reversed on the law and facts, with costs, and counterclaim dismissed, with costs. Certain findings of fact and conclusions of law disapproved and reversed and new findings and conclusions made. Memorandum: As we interpret the rule laid down in Pennsylvania Oil Products Co. v. Willrock Producing Co. (267 N. Y. 427), we think that the evidence falls short of the strict proof