Gimbel Bros., Inc. v. Markette Corporation and Don Tesauro

McLAUGHLIN, Circuit Judge.

Appellee was awarded a jury verdict for the agreed amount of the cost of restoring what the jury had found was a party wall straddling the property of the appellee and appellant, Markette Corporation. Appellant Tesauro was the contractor who had restored the wall. He had counterclaimed for the full amount of the repairs and for penalties incurred, due to his late performance of his demolition of the wall contract with Markette. He received a jury verdict of $1500 for the cost of restoring those portions of the wall which the jury found had been removed at appellee’s…