Kinney v. Kinney , 152 A.D. 901 ( 1912 )

Judgment reversed and new trial granted, with costs to appellant to abide event. . Held, (1) that the finding of the trial court that the appellant abandoned the contract was contrary to and against the weight of the evidence; (2) that there was no such refusal of performance on the part of the appeHant as to entitle the plaintiff to rescind the contract and set aside the deed of the farm. AH concurred: