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175 A.D. 967

Miner v. Pietraschke

Appellate Division of the Supreme Court of the State of New York · decided 1916-11-15

Decided 1916-11-15

¶1Judgment affirmed, with costs. Held, that irrespective of whether the contract is a conditional sale or not, the plaintiff was entitled to recover the payments which were due. The evidence shows that defendant was not precluded from exercising his option to purchase; on the contrary, that the plaintiff was holding the machine for the defendant, so *968that upon the payment of the balance due upon the contract the title would pass to him. All concurred.

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