Appellate Division of the Supreme Court of New York, 1914

Menter & Rosenbloom Co. v. Kelly

Menter & Rosenbloom Co. v. Kelly
Appellate Division of the Supreme Court of New York · Decided July 15, 1914
164 A.D. 911; 148 N.Y.S. 1130
Menter & Rosenbloom Co. v. Kelly

Opinion of the Court

Judgment modified by striking out the third paragraph thereof and such part of the second paragraph as is not covered by the decision and as so modified affirmed, without costs of this appeal to either party. Held, that the judgment entered was too broad and not authorized by the decision; that a judgment in accordance with the decision will fully protect all the plaintiff’s rights under the contract. All concurred, except Foote, J., who dissented upon the ground that plaintiff did not make a case for equitable relief, but should be left to its remedy at law.. ■ ■ . ■

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