BUYER v. MERCURY TECHNICAL CLOTH & FELT CORP.


276 A.D. 755 (1949)

Alex Buyer et al., Copartners Doing Business under the Name of Buyer Silk Manufacturing Co., Respondents, v. Mercury Technical Cloth and Felt Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 14, 1949.


Judgment affirmed, with costs.

No opinion.

Glennon and Dore, JJ., dissent in the following memorandum:

The trial court practically directed a verdict in plaintiff's favor telling the jury in effect that there was an available market and the market price for the merchandise in question. Plaintiff's proof of that was conclusory. The measure of plaintiff's damages was not, as the court charged, the "profit" that he would have realized but the difference...

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