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SMITH v. GRAHAM

277 A.D. 1116 (1950)

James W. Smith, Appellant, v. Elizabeth A. Graham, Doing Business as Maine Chance Farm, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 19, 1950.

Judgment unanimously affirmed, with costs to the respondent on the authority of Tyler v. Windels (186 App. Div. 698, affd. 227 N.Y. 589).

We are not unmindful of the doctrine enunciated in Restatement of the Law of Contracts (Vol. 1, § 198, and particularly illustration 9 thereunder; N. Y. Ann. to Restatement, Contracts, § 198, p. 95); see also, Williston on Contracts (Vol. 2, Rev. ed., § 504, pp...

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