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LINSSEN v. WEINTRAUB

No. 88 Civ. 4499 (CHT).

759 F.Supp. 140 (1991)

Werner LINSSEN, doing business as Galerie Linssen, Plaintiff, v. Jacob WEINTRAUB, doing business as Weintraub Gallery, Defendant. Jacob WEINTRAUB, doing business as Weintraub Gallery, Third-Party Plaintiff, v. Bo FRANZEN, doing business as Galleri Zero, Third-Party Defendant.

United States District Court, S.D. New York.

March 4, 1991.

Attorney(s) appearing for the Case

Rosenman & Colin, New York City (Gilbert Edelson, of counsel), for plaintiff.

Thomas R. Levy, New York City, for defendant.

OPINION

TENNEY, District Judge.

Plaintiff, Werner Linssen d/b/a Galerie Linssen ("Linssen"), brings this action against defendant, Jacob Weintraub d/b/a Weintraub Gallery ("Weintraub"), to recover $81,383 in lost profits allegedly caused by Weintraub's breach of an oral agreement to purchase four sculptures by the artist Joan Miro. In the alternative, Linssen seeks to recover $52,000 in lost profits due to Weintraub's breach of a "guarantee" clause of a...

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