JARRO BLDG. IND. CORP. v. SCHWARTZ


54 Misc.2d 13 (1967)

Jarro Building Industries Corp., Appellant, v. Daniel Schwartz et al., Respondents.

Supreme Court, Appellate Term, Second Department.

June 28, 1967


Attorney(s) appearing for the Case

Samuel Millman for appellant. Sol L. Salzberg for respondents.

DIGIOVANNA and RITCHIE, JJ., concur with SHAPIRO, J.


SHAPIRO, J.

This is an action to recover liquidated damages arising out of an anticipatory breach of a written contract entered into between the parties on March 12, 1966. An agreed statement of facts was stipulated to by the parties.

The fundamental question presented on this appeal is whether a clause in a contract which provides, inter alia, that appellant shall recover liquidated damages in...

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