K & P Fancy Stitching Machine Co. v. Weiss , 3 A.D.2d 826 ( 1957 )

Judgment unanimously affirmed, with costs. The pleadings will be deemed amended to conform to the proof to the extent that they include the defenses of abandonment and rescission upon which theories both sides tried the case. Concur — Peck, P. J., Breitel, Frank, Valente and McNally, JJ.