Boro Hall Corp. v. General Motors Corp.

KENNEDY, District Judge.

Originally the plaintiff’s claim was asserted in two counts, the first of which may be roughly described as a claim of breach of contract, and the second as a claim for relief on the basis of estoppel. The complaint was dismissed on motion. Boro Hall Corporation v. General Motors Corporation., D. C. E.D.N.Y. 1946, 68 F.Supp. 589. On appeal the dismissal of the “equitable” cause of action was affirmed, but the “law” count was remanded for trial. 2 Cir., 1947, 164 F.2d 770.

Now the plaintiff, having failed to make timely demand for a jury trial, urges that, as matter of…