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HURWITZ v. GLEICHER

284 A.D. 1056 (1954)

Julius Hurwitz et al., Respondents, v. William Gleicher, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 20, 1954.

Amended judgment, insofar as appeal is taken, reversed on the law, with costs, and complaint dismissed.

If this court were not ordering dismissal of the complaint a new trial would be granted for reasons stated below. The contract is unenforcible because prices for the work are indefinite and to be agreed upon, and no standard or formula is agreed upon for determining such prices. As to prices for the first three months...

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