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CHARRIER v. JACOBSON

196 Misc. 28 (1949)

Zella M. Charrier, Plaintiff, v. Walter M. Jacobson, Defendant.

Supreme Court, Trial Term, Sullivan County.

May 26, 1949.

Attorney(s) appearing for the Case

A. C. N. Thompson for plaintiff.

Max Bollt for defendant.

TAYLOR, J.

Plaintiff and defendant, a duly licensed auctioneer, entered into an agreement wherein the defendant agreed to sell certain articles of personal property for the account of the plaintiff, Zella M. Charrier. Defendant entered into the execution of his contract and out of the proceeds of the sale, paid some items and obligations of plaintiff, Zella M. Charrier. Plaintiff instituted an action against defendant wherein she demanded

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