Miller-Aschheim Co. v. Dalton & Balch, Inc. — 256 N.Y. 605

Majority

p. 605

Miller-Aschheim Company, Inc., Respondent, v. Dalton & Balch, Inc., Appellant.

(Argued April 6, 1931;

decided May 12, 1931.)

I. Maurice Wormser and Sidney Forscher for appellant.

Herman C. Pollack for respondent.

Judgment of the Appellate Division and that of the Trial Term modified by deducting from the judgment the sum of $1,065.14, the amount received by the plaintiff from sales for the Victor Piston Ring Company, and as modified affirmed, without costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Kellogg, O’Brien and Hubbs, JJ. Dissenting: Crane and Lehman, JJ.