Mazzeo v. Berkeley Motor Sales, Inc.

Memorandum

In the absence of any claim by defendant of mutual cancelation of the contract or inability through no fault of its own to make delivery, there is no legal basis for an award of $25 to plaintiff. Both- parties asserted readiness and ability to perform. If plaintiff breached the contract he was entitled to nothing. If defendant refused to perform, plaintiff was entitled to recover the sum of $250. (Genovese v. Lenobel, Inc., 154 Misc. 91.) The written agreement provided that $250 was the allowance for the used car. That sum would have been deducted from the contract price had the…