WEST INDIA SALES LTD. v. SCHMERER


281 A.D. 661 (1952)

West India Sales Limited, Appellant, v. Leonard Schmerer, Surviving Copartner Doing Business under the Name of Leonard Schmerer & Company, et al., Respondents

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

December 16, 1952.


Per Curiam.

This is the second appeal in this case. Upon a prior appeal we reversed an order directing summary judgment in favor of the plaintiff and remitted the case for a plenary trial (278 App. Div. 908). Upon the present trial the Trial Justice directed a verdict in favor of the defendants. We think that this was error.

The action is one for damages based on the defendants' anticipatory breach of a contract...

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