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BERKSHIRE REAL ESTATE CO. v. SPAID

No. 70—45.

2 F.Supp. 686 (1932)

BERKSHIRE REAL ESTATE CO. v. SPAID.

District Court, S. D. New York.

October 3, 1932.

Attorney(s) appearing for the Case

Brown, Brenton & Watts, of New York City (Robert B. Watts, of New York City, of counsel), for the motion.

Robert L. Finley, of New York City, opposed.

WOOLSEY, District Judge.

The motion to dismiss the complaint is denied.

An order will be entered consolidating this cause with Organizing & Developing Corporation, as Assignee of Mervin J. Spaid, v. Berkshire Real Estate Company, now pending on the Equity Docket as No. 57 — 361,1 which, as admitted by both parties, involves the same issues as the present cause.

I. An election of remedies cannot, in my opinion...

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