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EDWARDS DAIRY CO. v. AIELLO

277 A.D. 260 (1950)

Edwards Dairy Company, Inc., Respondent, v. Louis Aiello et al., Appellants, et al., Defendants

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

June 27, 1950.

Attorney(s) appearing for the Case

Daniel Scanlon for Louis Aiello and Aiello Brothers, appellants.

John D. Van Kennen for Albert W. McDonald, appellant.

Allan L. Gurley for respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER, DEYO and BERGAN, JJ., concur.

Per Curiam.

Defendants Aiello Brothers and McDonald, both cheese manufacturers, were together in the discussions with plaintiff's officers of the purchase of milk from plaintiff's milk plant. Following these discussions milk was separately delivered by plaintiff to the respective plants of Aiello Brothers and McDonald. McDonald did not pay for a portion of it. The main question on this appeal is whether the record will...

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