BRIDGEPORT BRASS CO. v. MODELL'S SPORTING GOODS CO., INC.


8 Misc.2d 714 (1949)

Bridgeport Brass Co., Plaintiff, v. Modell's Sporting Goods Co., Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

October 5, 1949.


Attorney(s) appearing for the Case

Walter R. Mansfield and Richard H. Baker for plaintiff.

Seligsberg, Friedman & Berliner for defendants.


BENJAMIN J. RABIN, J.

The defendants claim that the merchandise which is being sold at less than the prices fixed by plaintiff is all part of a single purchase made in January, 1949, and that the sales are being made for the purpose of closing out the defendants' stock with the intention of discontinuing further dealings in the article. The fact that the sales have continued over a fairly long period of time does not alter the statutory rights of the...

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