United States Second Circuit

The district court properly concluded that the letter agreement between the parties was a binding contract whereby they agreed to acquire the Orleander Group together or not at all. The judgment for defendants is reversed only insofar as it imposes a setoff; remanded for entry of judgment in the full amount found by the jury.

Appellate Information

• Decided 03/03/2004
• Published 03/03/2004

Judges

• JACOBS, Circuit Judge., Before:  JACOBS, POOLER, Circuit Judges, and HALL, Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Gregory P. Joseph,Gregory P. Joseph Law Offices LLC, New York, New York, for Appellant-Cross-Appellee Stephen C. Swid., David Spears, Richards Spears Kibbe & Orbe, New York, New York, for Appellant-Cross-Appellee SCS Communications, Inc., Gerald Walpin, Katten Muchin Zavis Rosenman, New York, New York, (Joseph Zuckerman, of counsel), for Appellees-Cross-Appellants The Herrick Company, Inc. and Norton Herrick.