Shubert v. Sondheim
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Leopold Sondheim, as executor, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of March, 1909, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16th day of March, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
This action was brought to recover damages for the breach of a. contract in writing made between the plaintiff and the defendant’s testator, Meyer ¡R. Bimberg, on the 24th day of July, 1905, as amended on the twenty-sixth day of the same month. By the orig-" inal contract, so far as material to the question presented for decision, the decedent agreed to lease to the plaintiff a theater to be erected by him at the northwesterly corner of Forty-fifth street and Seventh avenue according to plans which were submitted to and approved by the plaintiff before the agreement was made. The…
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