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R.R. WATERPROOFING CORP. v. MEMPHIS SUPPLY, INC.

303 N.Y. 849 (1952)

Railroad Waterproofing Corp., Appellant, v. Memphis Supply, Inc., Defendant. Murdock Acceptance Corporation, Appellant and Respondent, v. Hempstead Motor Truck Sales Co., Inc., et al., Defendants, and Railroad Waterproofing Corp., Respondent and Appellant.

Court of Appeals of the State of New York.

Decided January 25, 1952

Attorney(s) appearing for the Case

Benjamin Machinist for Railroad Waterproofing Corp.

David F. Sussman for Murdock Acceptance Corporation.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

Per Curiam.

We agree with the courts below as to the vacation of the order of attachment, and as to the dismissal, for lack of jurisdiction, of the complaint of Railroad Waterproofing Corp. against Memphis Supply, Inc., based upon the latter's alleged misrepresentation. We do not agree with the Appellate Division that Railroad Waterproofing Corp. had a lien on the truck for the purchase price paid by reason of breach...

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