La Barbera v. Ciotta

In an action to recover damages for breach of a contract for the purchase and sale of a dress contracting business, judgment in favor of respondent, entered upon the verdict of a jury, affirmed, with costs. The case was tried upon the theory that section 112-g of the Civil Practice Act applied to the cause of action pleaded in the complaint, and the trial court charged the jury that the plaintiff, if successful, could recover the entire consideration which she had paid for the purchase of the business. There was no exception to this charge and, after the jury had returned with a verdict in…