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HAWTHORNE STEEL v. ARLINGTON STEEL

2 A.D.2d 123 (1956)

Hawthorne Steel Corporation, Appellant-Respondent, v. Arlington Steel Corporation, Respondent-Appellant

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

July 3, 1956.

Attorney(s) appearing for the Case

Frank Kreitzberg of counsel (Robert Siegel with him on the brief; Siegel & Markel, attorneys), for appellant-respondent.

Norman Winer of counsel (Nathan, Mannheimer, Asche & Winer, attorneys), for respondent-appellant.

FRANK, VALENTE and BERGAN, JJ., concur with BREITEL, J.; PECK, P. J., dissents and votes to affirm.

BREITEL, J.

The learned Special Referee, after a nonjury trial, rendered judgment in favor of plaintiff for nominal damages for nondelivery in an action based upon the sale of 400 tons of French steel. Plaintiff appeals on the ground that compensable damages should have been awarded. Defendant appeals on the ground that the complaint should have been dismissed.

The complaint was properly sustained in view...

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