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GADWAY v. SCHACHENMAYR

78 Misc.2d 572 (1974)

Charles Gadway et al., Plaintiffs, v. Hans Schachenmayr et al., Defendants.

Supreme Court, Special Term, Essex County.

July 3, 1974

Attorney(s) appearing for the Case

Frederick S. Dennin for plaintiffs. Dominick J. Viscardi for Hans Schachenmayr, defendant. McCormick, La Pan & Brooks (James H. Brooks of counsel), for Winifried Holderied and another, defendants.

WILLIAM J. CRANGLE, J.

Plaintiffs' complaint alleges breach of contract for the sale of a motel and restaurant business in Lake Placid, New York. As contract sellers, plaintiffs complain that defendant buyers violated covenants as set forth in the following paragraphs:

"IX * * * that this contract is not assignable by the Co-Purchasers without the written consent of the Sellers, except that when the total principal amount due under this contract...

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