Genovese v. A. Lenobel, Inc.

Judgment unanimously reversed upon the law, without costs to either party upon this appeal, and judgment directed dismissing both the complaint and counterclaim, with appropriate costs to the defendant.

The plaintiff breached his contract to purchase an automobile from the defendant. He, therefore, would have no right to recover any payment he had made under that contract. (Lawrence v. Miller, 86 N. Y. 131; Keystone Hardware Corporation v. Tague, 246 id. 79.) Nor is the plaintiff entitled to recover for the old automobile which he turned over to the defendant. That automobile was taken in…