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Feld v. Henry S. Levy & Sons, Inc.

Court of Appeals of New York
335 N.E.2d 320 (N.Y. 1975)


Facts

The defendant entered into a contract to sell the plaintiff all the bread crumbs the defendant produced for a period of one year. Before the year was up, the defendant stopped producing bread crumbs because the process was “very uneconomical” due to the nature of the production equipment. However, no steps were taken to obtain equipment that made the process more economical. The plaintiff brought suit and moved for summary judgment. The defendant also moved for summary judgment to dismiss the claim. The trial court denied both motions and the appellate court affirmed. Both parties appealed.

Rule of Law

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Issue

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Holding and Reasoning (Cooke, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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