E. P. Reynolds, Inc. v. Nager Electric Co.

This case reaches us in an unusual posture.

The respondent has recovered a judgment for damages arising out of false representations which induced it into a construction contract with appellant. The appellant’s counterclaim for completion cost of the construction in excess of the contract price and the third-party claim against the surety on respondent’s performance bond have been disallowed, and the Appellate Division has unanimously affirmed.

Affirmance, however, rests solely upon the ground that the appendix submitted to the Appellate Division by the appellant was insufficient to permit…