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MARCUS BRODER, Appellant, v. AMHURST FABRICS, INC., Respondent and Third-Party Plaintiff. SHAMOKIN DYE PRINT WORKS, INC., Third-Party Defendant.

Determination of the Appellate Term unanimously affirmed, with costs to the respondent, on the ground that under all the facts and circumstances disclosed, plaintiff buyer did not give notice of election to rescind within a reasonable time after he knew or ought to have known of the claimed breach.

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BRODER v. AMHURST FABRICS, INC
(Oct 16, 1951)