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STATE STORM WINDOW CO., INC. v. HERDER

279 A.D. 976 (1952)

State Storm Window Co., Inc., Appellant, v. Ernest Herder et al., Respondents

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

March 19, 1952.

Order affirmed, with $10 costs and disbursements.

Memorandum:

In our opinion the contract is so indefinite as to be unenforcible.

All concur, except PIPER, J., who dissents in part and votes for reversal of the order insofar as it grants the defendants' motion, in the following memorandum:

There is an implied warranty that the windows, screens, and vents to be constructed under the terms of the contract were to be constructed in...

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