De Mirjian v. Lutinsky

What purports to be a statement of facts in appellant’s brief does not relate the facts as required by the Rules on Appeal* but is merely a statement

*916of appellant’s contentions, which the court found were not sustained by the evidence. We therefore accept the statement of facts set forth in respondent’s brief, the correctness of which has not been disputed by appellant. Judgment was in favor of defendant. Plaintiff appeals.

Appellant agreed to sell Ms service station to respondent for the sum of $2,000, to transfer the lease and to obtain the consent of the lessor to the transfer. Appellant…