Summary
holding that the plaintiff was entitled to the return of its down payment without the making of an obviously futile tender and demand
Summary of this case from Skyline Restoration Inc. v. HoldingsOpinion
Submitted February 19, 1969
Decided March 6, 1969
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HUGH S. COYLE, J.
Garry J. Fury and Joseph E. Deady for appellant.
S.S. Goldsmith and A. Aaron Raphael for respondent.
Order affirmed, without costs, on the opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.