Fisher v. Amsel

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

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.

FINCH, P.J. (dissenting).

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.