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REALTY ACCEPTANCE CORPORATION v. MONTGOMERY

No. 5503.

77 F.2d 762 (1935)

REALTY ACCEPTANCE CORPORATION v. MONTGOMERY.

Circuit Court of Appeals, Third Circuit.

April 2, 1935.

Attorney(s) appearing for the Case

Charles F. Curley, of Wilmington, Del., and R. Randolph Hicks and William C. Scott, both of New York City, for appellant.

Thomas J. Crawford, of New York City, Robert H. Richards and Aaron Finger, both of Wilmington, Del., and Carl Ehlerman, of New York City, for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

Montgomery sued the Realty Acceptance Corporation for breach of a contract of employment. One of the issues tried was whether certain speculative profits and certain moneys in the nature of salary received by Montgomery when serving another person during the balance of the contract term could be considered in mitigation of damages. The court ruled that only the latter could be so considered and thereupon deducted from the claim a relatively...

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