Wm. A. White & Sons v. Ultra Apartment Corp.
209 A.D. 829
| N.Y. App. Div. | 1924

Order reversed upon the law, with ten dollars costs and disbursements, and motion granted, without costs. The defendants were clearly entitled to know whether the alleged acceptance was in writing or oral, and if in writing, to have a copy of it. If oral, the trial would be expedited and justice promoted by a statement of the terms thereof. If the plaintiff is unaware of these terms, it may so state. Kelly, P. J., Rich, Jaycox, Manning and Kapper, JJ., concur.