Perlman v. Westin Hotel Co.

PRESIDING JUSTICE QUINLAN,

dissenting:

I respectfully dissent from the resolution of this matter by the majority. I dissent because I cannot agree with the legal analysis of the majority that suggests we are confronted here with a simple breach of contract under an agreement requiring performance in the defendant in either of two ways, -with the choice of performance in the plaintiff. The majority has concluded that since the defendant refuses to perform in the manner the plaintiff has presently chosen, the defendant has breached the contract. I do not see this case that simply. It is not that…