Contracts · MBE-tested
The Pure Oil Company, Appellant, v. Sarah Rosengarten and William J. Fitzpatrick, Respondents
227 A.D. 623·New York Supreme Court, Appellate Division·1929·NY
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Opinion
The Pure Oil Company, Appellant, v. Sarah Rosengarten and William J. Fitzpatrick, Respondents.
[MAJORITY]
Judgment reversed on the law and the facts and new trial granted, costs to abide the event. We are of opinion that plaintiff made out a ;prima facie case to entitle it to specific performance, and that the complaint was, under the circumstances, improperly dismissed on the merits. Rich, Hagarty, Carswell and Scudder, JJ., concur; Lazansky, P. J., dissents.