113 N.Y.S. 399 | N.Y. App. Div. | 1908
The plaintiff appeals from an interlocutory judgment sustaining a demurrer to the complaint. The action is for the rescission of a contract.
The complaint and the contract attached to it show that the
The judgment appealed from must be reversed, with costs and disbursements, and the demurrer overruled, with costs, with leave to defendant to withdraw the demurrer and answer within twenty days upon payment of said costs.
Patterson, P. J., McLaughlin, Laughlin and Houghton, JJ., concurred.
Judgment reversed, with costs, and demurrer overruled, with costs, with leave to defendant to withdraw demurrer and to answer ©n payment of costs.