¶1Judgment reversed and new trial granted, with costs to appellant to abide event. . Held, (1) that the finding of the trial court that the appellant abandoned the contract was contrary to and against the weight of the evidence; (2) that there was no such refusal of performance on the part of the appeHant as to entitle the plaintiff to rescind the contract and set aside the deed of the farm. AH concurred:
152 A.D. 901
Kinney v. Kinney
Appellate Division of the Supreme Court of the State of New York
Decided July 15, 1912
Appellate Division of the Supreme Court of the State of New York · decided 1912-07-15
Decided 1912-07-15