BOVE FINISHING CO., INC. v. WERTSVILLE INDUS., INC.


5 N.Y.2d 934 (1959)

Bove Finishing Company, Inc., Respondent, v. Wertsville Industries, Inc., Appellant.

Court of Appeals of the State of New York.

Decided January 22, 1959.


Attorney(s) appearing for the Case

John D. Graves for appellant.

Samuel Davidson for respondent.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, VAN VOORHIS and BURKE. Judges FULD and FROESSEL dissent and vote to affirm.


Judgment of Appellate Division modified by dismissing the third cause of action, insofar as it sets forth a claim for loss of profits, upon the ground that the evidence is insufficient as a matter of law to support the finding that defendant was chargeable for loss of profits in the amount of $1,425 and, as so modified, affirmed in all other respects with costs to respondent...

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