Difuria v. Wallace
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment and order reversed and new trial granted, with costs to appellant to *968abide event. Held, that the evidence presented a question of fact as to the refusal of the defendant to perform, thereby relieving the plaintiff from the tender of the purchase price, and that the credibility of the plaintiff’s testimony, under the circumstances of this case, was for the jury. (See Mendoza v. Levy, 111 App. Div. 449, and cases cited.) All concurred.
2Cases cited1 opinion
- Mendoza v. LevyAppellate Division of the Supreme Court of the State of New York · 1906