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A. Lenobel, Inc. v. Senif
New York Supreme Court, Appellate Division
252 A.D. 533 (1937)
A. Lenobel, Inc. (plaintiff) was a car dealership. Charles Senif (defendant) contracted to buy a car from the dealer, A. Lenobel, for $781.50. When Senif reneged on the contract, he forfeited only his $50 down payment. Lenobel sold the car for $781.50 to another buyer and sued Senif for breach of contract. Lenobel argued that by reducing by one the pool of potential customers for another car, Senif reduced the number of cars over which Lenobel could spread his overhead expenses. This lowered Lenobel’s profits and, he contended, constituted a special circumstance entitling him to collect damages even though he resold the car for the same price that Senif had agreed to pay for it. The trial court rejected Lenobel’s analysis and dismissed the suit. A preliminary appellate review affirmed the trial judgment. Lenobel appealed to the appellate division of New York’s trial-level supreme court, where he argued that the trial court’s exclusion of his overhead expenses left him “remediless.”
Rule of Law
Holding and Reasoning (Cabswell, J.)
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