THOR FOOD SERV. v. MAKOFSKE


28 Misc.2d 872 (1961)

Thor Food Service Corp., Plaintiff, v. Leonard Makofske et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

May 17, 1961


Attorney(s) appearing for the Case

Goodman & Kast for defendants. M. Nathan Cember for plaintiffs.


BIRDIE AMSTERDAM, J.

This nonjury action is predicated upon an alleged breach of a written retail installment contract entered into between plaintiff and the defendants. Defendants seek to resist payment upon the claim of fraud in the inducement.

The contract concerns plaintiff's sale to defendants on the installment payment plan of a refrigerator-freezer combination at the agreed price of $1,342.80. Executed on March 15, 1960, the contract provides...

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