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Fisher v. Amsel

Appellate Division of the Supreme Court of New York, First Department
May 1, 1932
235 App. Div. 824 (N.Y. App. Div. 1932)

Opinion

May, 1932.

Appeal from Supreme Court, New York County.

Present — Finch, P.J., Merrell, O'Malley, Sherman, and Townley, JJ.; Finch, P.J., dissents and votes to reverse and grant a new trial.


Judgment affirmed, with costs. No opinion.


I dissent and vote to reverse and grant a new trial, on the ground that plaintiff should not be permitted to recover the balance claimed to be due under the contract. As I view it, the contract was not fully performed. Plaintiff should be limited to a recovery if at all on the basis of a quantum meruit.


Summaries of

Fisher v. Amsel

Appellate Division of the Supreme Court of New York, First Department
May 1, 1932
235 App. Div. 824 (N.Y. App. Div. 1932)
Case details for

Fisher v. Amsel

Case Details

Full title:ALBERT FISHER, Respondent, v. MAX AMSEL, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 1, 1932

Citations

235 App. Div. 824 (N.Y. App. Div. 1932)