Hyperlawhypertext legal database Menter & Rosenbloom Co. v. Kelly 148 N.Y.S. 1130

← Cases

Menter & Rosenbloom Co. v. Kelly

148 N.Y.S. 1130 Court N.Y. App. Div. Decision date 1914-07-07 English

Decision Majority — PER CURIAM. · Dissent — FOOTE, J.,

Contents
p. 1130
MENTER & ROSENBLOOM CO., Respondent, v. KELLY, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
July 7, 1914.)

Headnote

Action by the Menter & Rosenbloom Company against John L. Kelly.

Judgment modified, by striking out the third paragraph thereof and such part of the second paragraph as is not covered by the decision, and, as so modified, affirmed, without costs of this appeal to either party. Held, that the judgment entered was too broad, and not authorized by the decision; that a judgment in accordance with the decision will fully protect all the plaintiff’s rights under the contract.

dissents, upon the ground that plaintiff did not make a case for equitable relief, but should be left to his remedy at law.