A. M. WEBB & CO. v. ROBERT P. MILLER CO.

Civil Action No. 4240.

78 F.Supp. 24 (1948)

A. M. WEBB & CO., Inc. v. ROBERT P. MILLER CO.

District Court, E. D. Pennsylvania.

May 3, 1948.


Attorney(s) appearing for the Case

Herbert Spencer Leman, of New York City, and Moss & Moss, of Philadelphia, Pa., for plaintiff.

Zelby & Burstein, of New York City, and Freedman, Landy & Lorry, of Philadelphia, Pa., for defendant.


KIRKPATRICK, District Judge.

This is an action by a selling agency against a manufacturer to recover damages for breach of a written agreement made January 9, 1941, which provided that the plaintiff would have the exclusive disposal of the entire output of the defendant's mill for a period of five years. No price was mentioned and for that reason this Court, on a preliminary motion by the defendant, dismissed the action holding that, inasmuch as an essential term...

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