128 N.Y.S. 309 | N.Y. App. Div. | 1911
The judgment and order should be reversed and a new trial granted, with costs to appellant to abide event.
The action was brought to 'recover the balance unpaid upon a contract to construct on defendant’s premises a refrigerating plant and extra machinery connected therewith. The price of the plant was $8,732, to be paid one-third by three months’ note when the
All concurred.
Judgment and order reversed and new trial ordered, with costs to appellant to abide event. •