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21 N.Y.S. 202

Maurer v. Wolff

New York Supreme Court

Decided December 12, 1892

New York Supreme Court · decided 1892-12-12

Action by Theodore Maurer against Armand Wolff and Jules Wolff to recover for money paid by plaintiff to defendants ■ for a horse which plaintiff bought from them and afterwards returned. Plaintiff obtained judgment. Defendants appeal. Affirmed.

Decided 1892-12-12

PRATT, J.

¶1The testimony authorizes a finding that plaintiff had 30 days in which to determine^ whether the horse was satisfactory. Within that time the horse was returned to the vendor, who received it without objection so far as appears. This action is brought to recover back the price paid for the horse on the original purchase. No defense is pleaded except that the original sale was made on Sunday, which is clearly frivolous. If the sale was invalid, that affords no reason why defendant should be allowed to keep money belonging to his neighbor.

¶2Judgment affirmed, with costs. All concur.

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