Lana v. International Harvester Co. of America

Judgment of the Monroe County Court modified so as to provide that the complaint be dismissed and as so modified affirmed, with costs to the respondent. Memorandum: The judgment should be modified by inserting therein the provision that the complaint be dismissed and, as so modified, should be affirmed, with costs, upon the authority of Seeley v. Prentiss Tool and Supply Co. (158 App. Div. 853; affd., 216 N. Y. 687). Although more than fifty per cent of the purchase price had been paid, the new agreement, which was based upon a new consideration and which, by its terms, released the…