BOWEN v. MERDINGER


196 Misc. 987 (1949)

Evelyn W. Bowen et al., Plaintiffs, v. Harry Merdinger et al., Defendants.

Supreme Court, Special Term, New York County.

October 11, 1949.


Attorney(s) appearing for the Case

Arthur Richenthal, Irving M. Moss and Stanley Geller for plaintiffs.

Mortimer Hays, Julius Hallheimer, Louis Reiss and Abraham Porter for defendants.


BENVENGA, J.

In this action in equity to rescind a contract entered into March 12, 1948, the fundamental issues are: (1) whether the defendant Merdinger, in negotiating the contract of sale of December 16, 1947, acted as an agent for plaintiffs or as a principal in his own behalf; and (2) whether the plaintiffs were induced to enter into the March 12, 1948, agreement (which they seek to rescind) by false and...

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