Amodeo v. McLaughlin

In an action to recover damages for an alleged breach of contract, the appeal is from a judgment dismissing the ■amended complaint on the merits, after trial before an Official Referee, to whom the issues had been referred for hearing and determination. Judgment reversed and a new trial granted, with costs to appellant to abide the event. The complaint was dismissed on proof that a prior action had been brought by respondent against appellant to recover on a contract dated May 7, 1949 for the purchase by appellant of respondent’s interest in a business theretofore conducted by appellant and…