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GRANT v. KELLOGG CO.

58 F.Supp. 48 (1944)

GRANT v. KELLOGG CO.

District Court, S. D. New York.

October 2, 1944.

Attorney(s) appearing for the Case

Regan & Barrett, of New York City (Edward G. Bathon and Peter J. Baxter, both of New York City, of counsel), for plaintiff.

Simpson, Thacher & Bartlett, of New York City (Whitney North Seymour and Stephen P. Duggan, Jr., both of New York City, and Edwin L. Harding, of Battle Creek, Mich., of counsel), for defendant.

BRIGHT, District Judge.

Plaintiff, by a complaint alleging three causes of action, seeks recovery of substantial damages for an alleged breach of two contracts, one made in November, 1932, which is the subject of the first cause of action, and the other made in June, 1938, the subject of the second and third causes. The terms of both contracts are in dispute.

The contract of November, 1932, was made orally with the defendant through its advertising agency...

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