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

335 N.E.2d 320 (1975)

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

New York Court of Appeals

335 N.E.2d 320 (1975)

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Facts

A wholesale bread-baking business (defendant) entered into a contract to sell Fred Feld (plaintiff) all the bread crumbs the wholesaler produced for a period of one year. Before the year was up, the wholesaler 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. Feld brought suit and moved for summary judgment. The wholesaler 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

Issue

Holding and Reasoning (Cooke, J.)

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