Sweeney v. Jacobsen

KEECH, District Judge.

This is an action for damages for breach of a contract to purchase a dry-cleaning business. The complaint prayed specific performance or damages, but at the time of pre-trial the plaintiff abandoned the count for specific performance.

On May 31, 1950, the parties entered into an agreement for sale of the plaintiff’s business to the defendant, and signed the following memorandum:

“Received of Charles P. Jacobsen a deposit of $500.00, representing partial payment on agreed price of $7,500.00 cash and assumption of existing note in purchase of business and machinery of Unity…