Canaday Cooler Co. v. Cucurullo

In an action brought to recover a balance of rent under an agreement for the rental of a frosted food cabinet, judgment of the County Court of Westchester county in favor of defendant, dismissing the complaint, reversed on the law and the facts and a new trial ordered, with costs to appellant to abide the event. The evidence sustained the findings that the defendant was persuaded to sign the lease upon the salesman’s promise that the cabinet might be returned within three months at the lessee’s option. Such findings, however, were insufficient in themselves to warrant the dismissal of the…