McGratty v. Krantz Manufacturing Co. ( 1918 )

Judgment unanimously affirmed, with costs. . The appellant is estopped by the receiver’s decision to assert that the marble delivered and prepared and offered for delivery before the receivership did not comply with the contract; but as to the undelivered marble, valued at $400, the appellant may call for it and insist that it comply with the contract, and if it should not be furnished it would have its remedy. Present — Jenks, P. J., Thomas, Rich, Blackmar and Jaycox, JJ.