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JENNINGS v. FOREMOST DAIRIES

37 Misc.2d 328 (1962)

Milton S. Jennings et al., Plaintiffs, v. Foremost Dairies, Inc., et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

October 31, 1962

Attorney(s) appearing for the Case

Berman & Frost (Emile Z. Berman, Samuel Becker and Leonard Sheft of counsel), for plaintiff. White & Case (Thomas Kiernan and John M. Johnston of counsel), for defendants.

MATTHEW M. LEVY, J.

This action is grounded upon a contract, dated May 2, 1956, providing for the sale by the defendants of a certain business. Alleging that the plaintiffs are the purchasers and that the defendants breached the agreement by refusing to turn over the business in accordance with the terms of the contract, the plaintiffs sue for specific performance and an accounting of the profits, or, in the...

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