ORNSTEIN & SONS WATCH CO. v. DANTZIG


28 Misc.2d 505 (1960)

Ornstein & Sons Watch Case Co., Inc., Respondent, v. Arthur Dantzig et al., Individually and as Copartners Doing Business as D'Arlan Jewelry Co., Appellants.

Supreme Court, Appellate Term, First Department.

November 23, 1960


Attorney(s) appearing for the Case

Jesse Cohen for appellants.

Concur — HOFSTADTER, J. P., AURELIO and TILZER, JJ.


Per Curiam.

Implicit in the award of nominal damages to defendants on their counterclaim is the finding by the trial court that the plaintiff had breached the restrictive sales contract with defendants. The award of nominal damages for the breach was inadequate. There was sufficient evidence to sustain a more substantial award. Where by a breach of contract probable profits are prevented, courts ought not to be too precise and exacting in regard to the evidence...

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