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TRACTOR & EQUIP. CORP. v. CHAIN BELT CO.

276 A.D. 551 (1950)

Tractor & Equipment Corp., Respondent, v. Chain Belt Company, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 28, 1950.

Attorney(s) appearing for the Case

Herman A. Benjamin of counsel (Robert Satter with him on the brief; Benjamin, Galton & Robbins, attorneys), for respondent.

Harold Harper of counsel (Edgar L. Wood and Vincent P. Uihlein with him on the brief; Harper & Matthews, attorneys), for appellant.

PECK, P. J., and DORE, J., concur; COHN and SHIENTAG, JJ., dissent and vote to affirm.

VAN VOORHIS, J.

Defendant Chain Belt Company appeals from an order denying its motion for summary judgment dismissing the complaint against it. Plaintiff's charge is that on December 28, 1939, Chain Belt broke a contract under which plaintiff's assignor had been granted exclusive selling rights, by conferring part of such rights upon another. The fifth cause of action is the only one against Chain Belt. This motion...

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