Pease & Elliman, Inc. v. S. H. Kress Co.

After a rereading of my trial notes of this somewhat protracted trial, I have, after also some reflection and study, decided I have no other alternative but to grant the defendant’s motion to dismiss the complaint, and without reference to the jury, direct a verdict in favor of the defendant.

I arrive at this conclusion with reluctance, realizing that the trial has been a long one, hardly and cleanly fought by two experienced advocates who have performed their difficult task in accordance with the highest standards of trial skill. But I *983find myself utterly unable to frame a question of fact…