Fisher v. Amsel

235 A.D. 824 Court First Department, English

Delivered by Finch, P. J.

Contents

Dissent

p. 824

First Department,

May, 1932.

Albert Fisher, Respondent, v. Max Amsel, Appellant.

(dissenting). I dissent and vote to reverse and grant a new trial, on the ground that plaintiff should not be permitted to recover the balance claimed to be due under the contract. As I view it, the contract was not fully performed. Plaintiff should be limited to a recovery if at all on the basis of a quantum meruit.