Schwanke v. Berghauer

Hopkins, J.,

dissents and votes to reverse the judgment and remit for a trial as to damages, with the following memorandum: This action is brought to recover damages based on several causes of action, three of which allege breaches of trust by the defendants, which I shall treat as the essential causes of action in the complaint. The action is predicated on a lease made in 1974 of premises owned by the plaintiffs and let to the defendants for a period of one year. The lease contained an option in favor of the defendants to purchase the premises for the sum of $210,000. The proof at the trial…