Summary
In Broder v. Amhurst Fabrics (supra), the Appellate Term again, in its memorandum opinion, referred to a cause of action for rescission and so described the case and said: "Plaintiff on the law and the facts failed to prove a cause of action for rescission".
Summary of this case from Berg Inc. v. Associated Spinners Inc.Opinion
October 16, 1951.
Present — Dore, J.P., Cohn, Callahan, Van Voorhis and Shientag, JJ.
Determination of the Appellate Term unanimously affirmed, with costs to the respondent, on the ground that under all the facts and circumstances disclosed, plaintiff buyer did not give notice of election to rescind within a reasonable time after he knew or ought to have known of the claimed breach.