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There is a triable issue as to whether the plaintiffs have been overpaid under the contract of February 10, 1925, by reason of the receipt thereafter of $21,904.33, which, it is alleged by the defendants, was paid on account of future installments under the contract. Order and judgment unanimously reversed, with costs, and the motion denied. Present — Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ.
Document Info
Citation Numbers: 255 A.D. 841
Filed Date: 11/18/1938
Precedential Status: Precedential
Modified Date: 1/12/2023