BRUNS KIMBALL & CO. v. NATIONAL PRESSURE COOKER CO.

Civ. No. 47-247.

83 F.Supp. 258 (1949)

BRUNS KIMBALL & CO., Inc. v. NATIONAL PRESSURE COOKER CO.

United States District Court S. D. New York.

March 21, 1949.


Attorney(s) appearing for the Case

Zalkin & Cohen, of New York City (Theodore B. Wolf, of New York City, of counsel), for plaintiff.

Cleary, Gottlieb, Friendly & Cox, of New York City, for defendant.


KAUFMAN, District Judge.

Defendant moves for summary judgment in an action brought to recover damages for breach of contract.

The facts, insofar as here material, are that in January, 1946 the parties entered into an agreement wherein the defendant granted the plaintiff the exclusive right to sell its outboard motors in designated territories for a period ending on December 31, 1946. The agreement was subject to cancellation by either party on thirty days...

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