STUART-OLVER-HOLTZ, INC. v. GREEN


49 A.D.2d 1003 (1975)

Stuart-Olver-Holtz, Inc., Respondent, v. Harry Green, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 24, 1975


Judgment unanimously affirmed, with costs.

Memorandum:

Plaintiff sued defendant for damages in quantum meruit for breach of contract and defendant counterclaimed in several causes of action, all of which were dismissed at the trial except the one for tooling which the court limited to $435. This was the value of a die which defendant claimed was his and which was in plaintiff's possession. The court instructed the jury that if it found in favor of plaintiff...

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