Kaempfer v. Tompkins-Kiel Marble Co. , 215 A.D. 758 ( 1925 )

Finch, J.

(dissenting). I dissent. There was no obligation to order any marble if none was required. In that event, the remedy of the plaintiff was expressly fixed by the terms of the contract, namely, to cancel the contract. Merrell, J., concurs.