Ford Hopkins Co. v. Faber

Plaintiff’s complaint for breach of a covenant in a contract was dismissed at the close of plaintiff’s case by a decree of March 7, 1967. Defendants’ petition pursuant to section 41 of the Civil Practice Act for assessment of costs and attorneys’ fees, thereafter filed on May 5th, 1967, was dismissed on February 20, 1968. Defendants appeal the order dismissing such petition.

Defendants’ motion for judgment at the close of plaintiff’s proof included a motion that the Master in Chancery find that costs and fees should be taxed under section 41, but the report made no such recommendation.

Defendant…