General

Carbondale New York Co., Inc., Appellant, v. The State of New York, Respondent

224 A.D. 683·New York Supreme Court, Appellate Division·1928·NY

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Opinion

Carbondale New York Co., Inc., Appellant, v. The State of New York, Respondent. [MAJORITY] Judgment reversed on the law and facts, with costs, and judgment in favor of plaintiff is ordered for $1,115, with costs. The court finds that the amount required and intended to be deposited with the accepted bid is $1,260 and this amount the defendant is entitled to retain. The plaintiff is entitled to recover the difference between the amount of the certified cheek ($2,375) and the amount of the deposit with this bid ($1,260) which was accepted, namely, $1,115. The court modifies the 13th finding of fact by striking out the words “ the above mentioned certified cheek of the claimant ” and substituting therefor “ the amount of the deposit, $1,260.” Van Kirk, P. J., Hinman, Whitmyer, Hill and Hasbrouck, JJ., concur.