ZUCKER v. AINWOOD MOTORS


11 Misc.2d 887 (1958)

Paul Zucker, Respondent, v. Ainwood Motors, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

January 30, 1958.


Attorney(s) appearing for the Case

Myron Epstein for appellant.

Leo Brown for respondent.

HECHT, J. P., AURELIO and TILZER, JJ., concur.


Per Curiam.

On the record presented the court was justified in submitting to the jury the issue of the fair market value of the car on the day of defendant's breach. However, the extra items totalling $191.55 plaintiff paid in the purchase of a similar car from another dealer are not proper items of damage since they were not included in the contract of sale between plaintiff and defendant. The purchase of the car from another dealer cost $3,560.82 (after credit...

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