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MOON MOTOR CAR CO. v. MOON MOTOR CAR CO.

No. 43.

29 F.2d 3 (1928)

MOON MOTOR CAR CO., OF NEW YORK, v. MOON MOTOR CAR CO., Inc.

Circuit Court of Appeals, Second Circuit.

November 19, 1928.

Attorney(s) appearing for the Case

Carl Ehlermann, Jr., of New York City (C. D. Williams, of New York City, of counsel), for appellant.

Cotton & Franklin, of New York City (George H. Savage and Franklin S. Wood, both of New York City, on the brief), for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

L. HAND, Circuit Judge (after stating the facts as above).

The maker promised not to sell any cars within the specified district, except to the dealer, who in turn promised to buy 900 cars, to sell no other make of cars anywhere, to set up a shop, and to push the sales. These promises were given in exchange for each other and created a contract; of so much there can be no doubt. The maker has repudiated this contract, and so committed a wrong, so that at least the...

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