SOECHTIG v. AMICK


285 A.D. 701 (1955)

Charles Soechtig, Respondent, v. Walter P. Amick et al., Individually and as Copartners Doing Business as Eastern Steam Specialty Company and Automatic Control Company, Appellants

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

April 26, 1955.


Attorney(s) appearing for the Case

Cuthbert B. Caton of counsel (Wolfson, Caton & Moguel, attorneys), for appellants.

Herbert Edelhertz of counsel (Hilton Soba, attorney), for respondent.

PECK, P. J., and BREITEL, J., concur with BASTOW, J.; RABIN, J., dissents and votes to affirm in opinion in which COHN, J., concurs.


BASTOW, J.

Defendants appeal from an order denying their motion for summary judgment dismissing the complaint in an action to recover damages for the alleged breach of a contract executed when plaintiff withdrew from a partnership.

It appears from the uncontradicted statements in the affidavits that plaintiff and defendants were partners in a firm which bought and sold engineering specialties. Differences...

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